Under-quoting still happening

Hi, this is my first post in this forum and I must admit that I didn't read every single post in this thread, but I will do so shortly.

Firstly, I'm a real estate sales agent and will give you my take on things:

Every agency is being seriously and heavily audited as we speak. There are several investigations by consumer affairs taking place. An agent in Bentleigh was recently exposed and disgraced in newspapers etc. There are more to come, believe me.

As far as under-quoting is concerned. If a property is advertised for $500k to $550k and on auction day it passes in with the vendor's reserve revealed at $580k then this is both misleading and illegal only if the written agreement (Exclusive Sales or Auction Authority) reflects this. There are several traps on these authorities which many agents are now paying for!

There are 3 sections on the authority which are being looked at carefully by Consumer Affairs. The "Vendors Reserve", the "Agents Estimated Selling Price" and the example of commission (Commission will be $xxxx if sold for $xxx,xxx). If these 3, along with the advertised price to the public do not marry up then there's a problem.

I won't go into this in too much detail right now, but am happy to answer questions either via PM or in the forum. The reason I am posting is to express my disgust towards agents who under-quote (especially those who severely under-quote). This leads to
a) buyers and potential vendors mistrusting agents
b) confusing the buyers and deterring them from properties that have genuine and honest quote ranges on them, and most importantly
c) misleading the public, and in some instances this causes people to fork out hundreds of dollars for pre-auction building/pest inspections (which really sucks when money is tight for some buyers). Oh yeah, and
d) it also brings out the silly buyers who don't understand that emotionally driven purchases do actually exist. Sorry but I have seen some unexpectedly high emotional bids take place on some stunning homes. It happens, and I've sold several homes well above my vendor's reserve.

The whole "under-quoting" thing has also seen buyer confidence completely break-down over the past few years. Many buyers avoid auctions as a result.

I work in an industry where half of my colleagues (past and present) aren't really well educated, but sat a 6 week course which gave them a sheet of paper allowing them to act as a real estate agent. The test is really quite simple. Remembering the legislation is really not that hard either. The estate agent's act is one of the most abused acts and it's about time Consumer Affairs is doing something about this.

In short, if you believe that an agent is under-quoting, or has under-quoted recently. Simply dob them in, because there's a strong chance that they haven't filled in their paper-work accurately either. This is how they come apart ;)
 
Attended the auction of a 3br house + granny flat on an average block in a large NSW regional city yesterday. It had been advertised by the agent as "bidding guide $360k", however at the start of the auction the auctioneer refused to accept a bid of $360k, took an initial bid of $370k, and the property was eventually passed in at $488k. For location details feel free to PM me.

Not sure how the REA can advertise a bidding guide $130k lower than the reserve, or how the auctioneer can refuse to accept bids in line with the advertised guide price?

So glad I spent $700 on Pest and Building inspections for this experience.

Is it worth complaining to OFT or REINSW? Will they do anything?

Or perhaps the REA's franchise head office?

Cheers,

Hugh Jarse
 
Send it to oft, they'll do nothing but it feels good.

A usual tactic when the auctioneer doesn't take your bid is to stand them up: "mt auctioneer, are you refusing to accept my bid contrary to the psba?"
 
PSBA = Property, Stock and Business Agents Act (NSW)

Around section 51 it talks about agents and auctioneers obligations regarding offers / bids.

Still not sure whether to bother reporting the agent or simply refuse to deal with him or his agency again?

Any other suggestions on I can (legally) wish him a nice day?


Cheers,

Hugh Jarse
 
Similar properties in the surrounding streets in similar condition ranged in price around $330k to $380k, however this property had a GF as well and my estimate was that it would sell around $410k to $440k. When the agent's ad said 'bidding guide $360k' I would at least have thought that the auctioneer would have accepted a bid of $360k, and I was a bit shocked to see the reserve was at least $488k.

My issue is not with the price the reserve was set (vendor's prerogative), but with the manner in which the agents advertised the property. Several other parties we spoke with after the auction had similar views.

Just curious to know if it is something that should be reported to OFT, and whether others think it is worthwhile to do so based on their experiences?

Cheers,

Hugh Jarse
 
I am personally looking at properties and I get annoyed by this as well. Let's take an example of someone selling a car. They say they want 5k and someone offers them 5k. Great done deal.

So why is it different when it comes to a house? If someone says I am selling a house for between 450k and 500k this should mean that if someone makes an offer at 500k unless there is a better offer they should technically accept that offer if all conditions are met. This is where auctions and the current market make sellers think that if they say they want 500k really they will sell for $600k i.e. given the crazy auction markets. So if they dont sell for $500k then they won't sell. There should be a rule that the price range advertise must be within what the buyer is wanting.

Therefore when the real estate agent wants to sign up the property they should ask the owner at what price are you prepared to sell. Then if the agent feels it is to high then they can say ok. You want $700k but we think the house is only 550k . So the price range is 600k to 750k. That way the agent knows that within this price range he can actually get a sale. The buyer knows that hey the owners really want the higher amount but they may accept a lower offer of say $680k. At least they are in the same ball park vs stating asking $500k to 580k when they owner wants nothing less than $650k. This is just wasting everyone's time.
 
This is why I wouldn't want to buy at an Auction having done everything already. It is money down the drain. I would rather a private sale where all parties have a chance to negotiate and the best deal moves forward to the next stage. True you cannot see everyone's offer but at least you know where you stand before you spend the money on legal fees and so forth. Remembering that the finance broker's time is also not free for them.

Attended the auction of a 3br house + granny flat on an average block in a large NSW regional city yesterday. It had been advertised by the agent as "bidding guide $360k", however at the start of the auction the auctioneer refused to accept a bid of $360k, took an initial bid of $370k, and the property was eventually passed in at $488k. For location details feel free to PM me.

Not sure how the REA can advertise a bidding guide $130k lower than the reserve, or how the auctioneer can refuse to accept bids in line with the advertised guide price?

So glad I spent $700 on Pest and Building inspections for this experience.

Is it worth complaining to OFT or REINSW? Will they do anything?

Or perhaps the REA's franchise head office?

Cheers,

Hugh Jarse
 
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