Ouch!

[DaleGG]

Hi

I just had to pay $493 to a PM in Perth after sacking them due to their incompetence.

Yes, it is technically correct and legal in WA based on the standard agreements and compensates them for the loss of income from not (mis)managing my property. It is not morally right though....

I have paid it without grumbling and walked away to a new PM who I believe will do a much better job. A small price to pay in some ways for the peace of mind it brings and the ability to get rid of them quickly.

Dale

 

[Dazz]

Dale, alot of people fall for that clause in the "standard REIWA" PM agreement. REIWA - run by it's members for it's members to the absolute detriment of it's non-members.

It's been a long while since I've agreed to a "standard" PM agreement here in WA, but by memory it's clause 10(d) that got you.

REIWA has inserted about 4 or 5 separate little nasty clauses into the Termination section, all their way of course except one.

That one states that both the Owner and Agent can issue 28 days written notice and the agreement is at an end. This is the only fair and reasonable clause in the whole Termination section.

The entire section, other than that one line must be scrubbed out before signing....else, you end up with your predicament.

Don't worry, most people don't have the "nurries" to challenge something that is 'standard'. I use the tactic in my negotiations as well, so when someone uses it on me, my radar goes straight up and she's alarm bells on full alert.

I just hope you scrubbed out the unjust and unfair standard REIWA clauses in your new agreement.....

 

[skater]

That's terrible. Truely daylight robbery. Hope the next one is better.

 

[sailor]

Is there no way around this? Seems v unfair.

 

[Simon]

What would have happened had you refused to pay it?

Would they have wanted public scrutiny of the reasons why you walked?

Whats written into a contract is one thing. What is fair and right seems to be another thing altogether.

 

[redwing]

Sounds about right for WA and the REIWA Cartel members

 

[DaleGG]

Hi

Daz, the new agent does not use this clause and quickly pointed out her ethical beliefs that if someone was not happy then they should not have to pay to get away from the relationship.

Yes, I was foolish enough to accept the clause as standard for WA properties under management the first time. Never again though.

Simon, yes, I could have fought it and honestly thought about it....but, in the end it is a trifling amount compared to ongoing angst and frustration that I just do not need or want.

Thanks for the kind words of support and the practical suggestions.

Dale

 

[obiwan]

Name Name's

Hi Dale,

Maybe you should name name's and shame the agent?

 

[DaleGG]

Hi

The agent who mis managed my property was ray White in Rockingham.

The new agent is a small business who has impressed me no end after a kind recommendation from one of our terrific forumites. He rname is Donna from Home2Home.

Dale

 

[Xenia]

Loss of income for the pm?????

how about being compensated for loss of service for the landlord!

A lack of moral beliefs provides a very unsteady foundation for any business. You may think it is unfair to you now Dale, but what they did was really unfair to their own future success

 

[DavidMc]

That sucks. Good on you for keeping tabs on your property managers. A reminder to check mine...