Is Real Estate Agency liable ?

[LearningMan]

You make some excellent points here! It is getting to a stage where as an agent you cannot say much. You just have to use phrases like... the owner has advised me that xyz, i have been led to believe that the property was built by xyz, but i dont have any solid evidence of that, the property looks solid but i strongly recommend you to get your own independent building reports etc etc.... depending on what the disclaimer says it might actually help the agent... there are cases where disclaimers have been held up and the agent has been removed from liability - BUT they have to be done in a certain way - clear, in same size/style font as the rest of the ad, be in a visable location (not over the page) and other similar rules....

Fact 1 - First bullet point in flyer was that home was built by X.

Fact 2 - The RE Agent continously mentioned that home was built by X.

In my view clearly misleading despite disclaimer.

 

[Alabex]

Fact 1 - First bullet point in flyer was that home was built by X.

Fact 2 - The RE Agent continously mentioned that home was built by X.

In my view clearly misleading despite disclaimer.

oh yes sorry i didn't mention in my last post that i agreed it did sound in your case that the agent was being misleading... take them!

I was just pointing out ways that an agent can try to avoid ending up in this situation.

 

[twobobsworth]

Hey LM, after a couple of days where are you at with this?

 

[Sonya@RenoKings]

Check with REINSW

Hi Learning Man,

I'm sorry you've had a disappointing experience.

I am in Qld and am currently doing my full Real Estate agent license through REIQ. I haven't finished yet, so am not licensed yet. Also, NSW probably has a number of differnt rules from Qld, so I may be off-track.

However, I believe that if your experience happened in Qld, there might be a case for complaint against the Agent, according to the legislation I have recently been studying. The difficult thing might be determining whether any financial loss has been suffered.

I would highly recommend a quick call to REINSW. Even if the Agent isn't one of their members, they should be able to tell you the correct Government Department to contact regarding the complaint.

Good Luck.
Sonya

 

[LearningMan]

Hey LM, after a couple of days where are you at with this?

Watch this space ...