want to get back at dodgy agent

[Gools]

Was a contract actually signed?

Initial post makes no mention of a contract signing just that the offer had been accepted.
Later Helen says that the agent shouldn't be promoting the property because it was "under contract"
Later on again Helen returns back to say:

If showing people through "under offer" ......

So, where contracts signed or not? If they were not then there is no doubt what the agent was doing was correct.
If contracts were signed then what the agent was doing is everyday practice here in SA.

 

[evand]

Lucky for all of us that society doesn't live with this as a guiding principle in business and/or investing. Just a few unethical types that don't generally don't get anywhere.

Unfortunately courts dont look at morals, just legals!

 

[GoAnna!]

Maybe I am dumb but, if you have a signed contract of sale, why would it effect you as a purchaser to have others view the property during the conditional period. The vendor can't pull out of the contract legally.

The other prospective buyers are only being shown through the property in case your contract does not go unconditional.

 

[wylie]

And as a vendor, I would want my property to continue to be shown in case the first contract didn't go through.

I bet Helen would also want this, but looks like she has gone.

 

[Thrawn]

If the contract went unconditional, I doubt there's anything the vendor can do to get the agent to show it to any more buyers.. as as far as the agent is concerned, the job is done and commission is locked in (especially if a substantial deposit is already in the agency's trust account).

 

[Dave Hooper]

EARS - http://www.reiv.com.au/home/inside.asp?ID=97&nav1=652&nav2=97

Part of CAV, as already suggested in this thread.

 

[willfong]

The initial contract was obviously conditional and I guess the subsequent 'written' agreement on the reduced price was more likely to be an email rather than a formal contract, otherwise her conveyancer would have enforced it. I can't see what the agent did wrong in this case, either legally or ethically. It's not a done deal until it becomes unconditional, otherwise Helen wouldn't have had the opportunity to renegotiate, you can't have it both ways (ie the vendor is locked into selling to you regardless but you have the option to renegotiate price).

In fact, I would consider the agent to be lazy if they stopped showing people through the moment they get a conditional offer signed by both parties.

 

[urban cowboy]

this is going around in circles...

Helen has already answered my earlier question and said that at the offer was accepted and that the price reduction was accepted and IN WRITING.

lets just take that at face value pending evidence to the contrary.

if that is the case, then it should be a binding contract and it is up to Helen to pursue the matter through her solicitor. (i am obviously not a solicitor or a legal expert in the state of Victoria).

Also in absence to any evidence, if there is no law prohibiting marketing of a property under contract then there is no problem - the agent is doing his or her job.

cheers