Real Estate Lies!!!

From: Dale Gatherum-Goss


G'day!

I'm pretty mad just now as we've only just thrown a real estate agent out of my office about 1/2 an hour ago.

We've spent a long time looking for another IP and done plenty of research, as you'd expect.

We had negotiated on a price and terms of sale only for the agent to refuse to place the contract in front of the vendor because we were not prepared to pay 10% deposit.

I never have, and never will pay 10% deposit. I know all about deposit bonds and more importantly what the law says is required. . . .

I am also reported the bastard for his behaviour.

I am about to buy copies of the "Sale of Land Act" and "Estate Agents Act" here in Melbourne so that next time this crap happens I can hand them the legislation and ask them to show me the relevant paragraph. Hell, even the REIV people could not tell me if it was, or where it was, in the act which is hardly surprising since I know that it is not there.

I'm sorry for the rant. I'm upset and angry.

Have fun!

Dale
 
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Reply: 1
From: Asy .


Hi Dale,

Wow what a dreadful agent!!!

May I humbly suggest you buy a copy of the Estate Agents (Professional Conduct) Regulations, [Available from Info. Vic. at about $3.50] and note:

Section 18: Communication of offers.
An agent MUST communicate all offers to his principal as soon as possible. (Principal in this context means the vendor).

You might also want to have a look at sections:

6: Fairness and honesty
7: Best interests of the principal
8: Duties and obligations
9: Knowledge of the law
10: Compliance with legislation
11: Good estate agency practice
16: Exaggeration or CONCEALMENT

Now, shall I start on the Sale of Land act, and the Estate agents act, because I am DAMNED sure that I can find several breaches for you there, too...

In any case, Good Luck.

(You will also be able to download these regulations from: austlii.edu.au)

Hope this has helped, just a little...

asy

There are no problems, only solutions which have not yet been discovered.
 
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Reply: 1.1
From: E L


Sorry to hear about your unfortunate experience Dale. He sounds like a nasty fellow! Hope you read the riot act to him in due course.

Asy - just wondering if there's equivalent information for QLD. Forewarned is fore-armed.

Cheers
EL
 
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Reply: 1.1.1
From: Asy .


Same internet site, EL,

www.austlii.edu.au

Has all legislation, australia wide!
Hope this helps.

asy

There are no problems, only solutions which have not yet been discovered.
 
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Reply: 2
From: Nigel W


You realise of course that this tosser's motivation is that your deposit amount doesn't cover his commission. Bloody agents! good ones are so rare.

If I were you I'd call the head of his or her office and tell them this fool won't submit your offer. Tell the head honcho you want the offer submitted and that if it isn't submitted in 24 hours you'll call the vendors personally (their details should be on the sale contract?) and explain the situation and present your offer personally.

When the agent snivels and whines that you can't do that tell him/her to shove it. You CAN exactly do that. There's no relationship, contractual or otherwise between a purchaser and the agent of a vendor. Tell the agent you're not trying to chisel them out of commission (and in fact that won't happen due to the agreement between the vendors and the agent and the fact that the agent was the introducer between you and the vendor) just get your bloody offer submitted!!!

If the agent is seriously worried about not getting their commission they can plug in a special condition about the vendor indemnifying them for their commission.

Stuff like this makes my blood boil!
 
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Reply: 2.1
From: Dale Gatherum-Goss


G'day!

Yes, we thought as much but, when the agent is adamant that the offer will not be submitted without 10% deposit . . . we just walked away from the deal and threw him out of the office.

Still, it makes me angry to have to put up with this shit.

What's worse for the company, as you all know, I am an accountant and so we will make sure our clients know that the agent does not act with integrity.

I'm also considering letting the vendor know of what transpired. Any thoughts on that idea?

Have a good night. There is a bottle of Scotland's finest that I have a hot date with later tonight.

Dale
 
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Reply: 2.1.1
From: Ian Findlay


What about writing to the local newspapers? Outline the facts (be
non-specific about the property but not the RE)
As the RE probably advertises in it too it will do them a world of good!
Write to the vendor - if you're lucky they will sack the RE due to breach
of contract. They then of course have your details as a possible purchaser!

Ian



> From: "Dale Gatherum-Goss" <dalegg@bigpond.net.au>
>
> G'day!
>
> Yes, we thought as much but, when the agent is adamant that the offer will
not be submitted without 10% deposit . . . we just walked away from the deal
and threw him out of the office.
>
> Still, it makes me angry to have to put up with this shit.
>
> What's worse for the company, as you all know, I am an accountant and so
we will make sure our clients know that the agent does not act with
integrity.
>
> I'm also considering letting the vendor know of what transpired. Any
thoughts on that idea?
>
> Have a good night. There is a bottle of Scotland's finest that I have a
hot date with later tonight.
>
> Dale
>
>
>
> To reply: mailto:propertyforum.17375@bne003w.webcentral.com.au
> To start a new topic: mailto:propertyforum@bne003w.webcentral.com.au
> To login: http://bne003w.webcentral.com.au:80/~wb013
>
 
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Reply: 1.2
From: John P


Wow Asy that stuff is great!! Just another one of the million and a half reasons why I frequent this forum. It's great to have ammunition like this when dealing with a Real estate Agent. 'Soon as I'm done here I will definitely have a look at that web page.

Thanx again


John_P

Asf not how long you have work for but how much work you have done!!!

Confucius
 
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Reply: 1.1.1.1
From: John P


Hey Asy in that web site (Dumb question)
Can you suggest any good search criteria that would give me material along the lines of what you were telling Dale??


Many thanx


John
 
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Reply: 3.1
From: Mark Laszczuk


Dale,
Here is what we (my partner and I) would do in your situation: do things like contact the office, contact the local paper, but MOST IMPORTANTLY, contact the vendor. Why should you miss out on a deal just because of a bastard agent. If it falls through, well at least you gave it a go. Don't give up until every last avenue is tried! Don't let that bastard win...

Mark
'no hat, some cattle'

P.S. I think I speak for most on the forum when I say that we're all behind you mate.
 
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Reply: 3.1.1
From: Dale Gatherum-Goss


Hi Mark

Thank you, and everyone else, for your kind thoughts and encouragement.

I have complained to the licensee although I am still waiting to hear from him. I have drafted a letter to the vendor but thought I would wait until the licensee has had a chance to redeem the company.

I agree with Rolf's cryptic message that spoke about ethics. I will do the right thing by the R/E Agency first and the vendor will know if the agent chooses to tell them, or, if the licensee shows scant regard for the situation.

Believe me, I play hard and dirty when I am wronged!

Have fun and once again thank you for the support. I'll keep you all posted if anything happens.

Dale
 
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Anonymous

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Reply: 3.1.1.1
From: Anonymous


What a pity that Derryn Hinch isn't around any more!
 
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Reply: 3.1.1.1.1
From: James Doherty


We have had this problem with agents as well. Most likely this is the kind of agent that will force a sec.27 down your throat as well just so he can get his commission early. If you make it clear you know the act, and even quote it to the agents rep, you an usually persuade them. Others are beyond that and are downright arseholes. I never ever give 10% i make that one of the very first things the agent hears from my mouth. I only ever put $100 dollars to hold a property, some agents have a horse over this one as well. They usually want the 2%> they quote from the section 31 but the mis-quote this, 2% is all the vendor is able to claim if you pull out during the 3 day cooling off period. Hang in there the more you learn the more powerful you become.
JD.
 
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