Issues with leaving agent

Discussion in 'Legal Issues' started by InvestorMan, 5th May, 2015.

  1. InvestorMan

    InvestorMan Member

    Joined:
    5th May, 2015
    Messages:
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    Location:
    Sydney, NSW
    Hi Everyone!

    So I had an agent which I am very unhappy with (lets just say he put my property on auction and it was the only property in my suburb ever to pass in, but worst, I didn't even have registered bidders! in a crazy hot market). After taking down my ad (preparing to move to a different agent), I contacted him again and he convinced me to keep him on board and he will relist my property "from scratch" at his own expense (so it would be on top - but a normal ad, it's already going 'down' the list). In the weekend he pushed me hard to sell to someone at a price I wasn't comfortable with, who was in return making 'today or nothing' statements. It even got to a point where he yelled at me. I decided at the end not to sell and planning to move to a different agent.
    My question is this: In the contract I paid a certain amount for advertising (which I will probably pay). He might be saying now 'but I paid a week ago and now you take it off etc'.

    1. Can he demand monies for advertising done that he said he will take on his own expense? in any case I did not sign anything.
    2. What is the REAL cost of advertising for a week on Realestate.com.au, domain.com.au etc? I am pretty sure its not as expensive as he puts it out to be.
    3. What would you do if you were me regarding the property? I want to sell but it might be good to take it off the market for a few weeks and then put it again for auction with a better agent?

    Thanks guys
     
  2. jrc

    jrc Member

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    Location:
    Western NSW
    Read your agency agreement. Existing agent probably has an exclusive selling period. Get legal advice
     
  3. InvestorMan

    InvestorMan Member

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    The exclusive period ends in a week

    And the new agent said as far as he is concerned if someone the older agent introduced is buying the property the old agent will get the commission, no problems at all.
     
  4. jrc

    jrc Member

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    Get it in writing before you exchange contracts.
     
  5. travelbug

    travelbug Member

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    That is correct. The introducing agent gets the commission.

    Just start again and when you have a buyer ask if they were introduced by anyone else. The new agent will get them to sign something to that effect.
     
  6. Valuer

    Valuer Member

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    14th May, 2015
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    Location:
    Melbourne, Victoria
    I always market my own properties. No cares about them as much as I do :)
     
  7. belvoir

    belvoir Member

    Joined:
    16th Dec, 2013
    Messages:
    150
    Location:
    Sydney
    In NSW, regardless of the contract as has been proved in court. The agent must be the reason for the sale of the property.

    If the purchaser went through and inspected the property with the first agent and then actually purchased when another agent was assigned, even though the first agent introduced them to the property they were not the reason for the sale therefore no commission.