Browse Forums Real Estate Re: sued by property agent due to pull out last minute 4Oct 05, 2013 8:40 am I'd wait till you get something with some legal basis (summons etc) from Agent B before you hit the panic button. Agent B is bluffing and trying to intimidate you. If consumer affairs has told you that you are in the right, I would just wait and see how it plays out. Going to a lawyer now will potentially cost you quite a bit of money for nothing. I would suggest that the Agent knows that they don't have a leg to stand on and once their scare tactics don't work will just walk away. Re: sued by property agent due to pull out last minute 5Oct 05, 2013 10:28 am As mentioned leagally you have no obligation to Agent B. But morally you should be ashamed of yourself. You had an agreement to sell the property through Agent A when you acceptrd that they had a sale. Then you waited 10 days without telling Agent B it had been sold. If you had done that Agent B AND the buyer would not have been inconvenienced. Hopefully karma doesn't come back and bite you on the backside when you go to purchase a property. Shame! shame! shame! Re: sued by property agent due to pull out last minute 6Oct 05, 2013 10:49 am Like Aussiemark said. These forums aren't the way to sort this out. BUT it is entertaining to read. You've stuffed Agent B around man! why not tell Agent B straight away as soon as its been sold by Agent A? Not only have you stuffed around the agent, but his client too! You can't sell the property to two people! You're very lucky that Agent A called you that day before you had signed with Agent B. You should feel bad mate! Agent B has a right to feel p*ssed off. Now I'm not qualified to give any sort of legal advice, but you had an agreement even though it wasn't contracted. If there is evidence of the agreement it does exists. At the end of the day Agent B and his client are out of pocket solely because of you, contracts or not. If it goes to court and he has his ducks in a row he will probably win. And my opinion is that I hope he does, cause you have wronged him. Natural justice would agree. Re: sued by property agent due to pull out last minute 7Oct 05, 2013 8:44 pm Hi josh, travelbug, few months ago, I have in the position where agent A find a buyer, I have signed the contract of sale, the buyer didn't pay any deposit. only to pay legal fee for preparing the contract. all of the sudden he pulled out. since then I told agent A to get the deposit first and get the buyer signed the contract before I do. only after that happen, I engaged agent B. so when agent A told me he find a buyer. I can't trust him until the buyer fully paid the deposit. actually I was about to tell agent B about agent already found a buyer and awaiting for deposit. However, I got advised by someone not to disclose the information to agent B until I got the confirmation about the deposit from agent A. I should not involve 2 agents in the first place. and agent B should not take the job since he aware I have exclusive authority with another agent. I was in the very difficult situation on that day. goes with agent B, agent A will sue me. goes to agent A, agent B will sue me. it's a lose lose situation for me. thank you all for the feedbacks. I will wait until get a summon letter before getting a lawyer. Re: sued by property agent due to pull out last minute 8Oct 06, 2013 3:33 am Just a thought. Since you knew you had an exclusive sales arrangement with Agent A, why did you not terminate that prior to agreeing to Agent B. Or why did you not tell Agent B no. I think it also serves Agent B right as well. For a start it sounds like Agent B persisted eventhough being told the exclusive was with Agent A. If the seller is willing to engage a second seller and the second seller know about the first seller then why is he so trusting. I think the real loser in this transaction is the client of Agent B because everyone has stuffed him/ her around. Cheers Mark Re: sued by property agent due to pull out last minute 10Oct 06, 2013 7:39 pm JB1 It's pretty poor form morally. Actually I think purchaser B dodged a bullet. Imagine what would happen to that renter/buyer if he misses a repayment! I reckon. I'm yet to see a rent to buy scheme that doesn't effectively destroy the 'buyer's' rights for the smallest slip up. Should be illegal as far as I'm concerned, targeted at those who can least afford to be screwed by them. As for the original situation. Well, everyone's been stuffed around, and morally and ethically I think agent b and their buyer deserve compensation. Given that agent B could also show you've paid him costs in relation to the matter, (without being a lawyer), i think they have grounds to argue that you did in fact have a form of agreement in place and as such could have a crack at suing you. Given it'd be a civil matter, it only needs to be proven on the balance of probability. Sorry! 4 Re: sued by property agent due to pull out last minute 11Oct 07, 2013 1:05 pm Hi, it seems most of the people labelled me as an unethical person. Technically there is no direct breach with me and Agent B on the basis of 'whoever gets full deposit first, gets it'. I have eye witness (my partner and a friend). The reason behind for full deposit because few weeks before, Agent A told me he sold the house (small deposit $500). I have signed all the agreement and legal contract of sale. on the last minute the buyer pulled out and walk free without pay any compensation to Agent A nor me. Agent A tried to find new buyer, few weeks past without any progress. I got panicked and get Agent B on board. When Agent A told me he sold the house 2nd time I asked him to get the full deposit, that's one the reason I didn't tell agent B, as things could go wrong again. based on that experience and advise from Agent X (friend of mine), I thought nothing is official and legal until document is signed. Agent B and I never instructed the client to terminate their current lease. last reply from Agent B, if the client sued him, he will sue me. Re: sued by property agent due to pull out last minute 12Oct 09, 2013 12:33 pm I am not a lawyer BUT I am a law student. Obviously that means I am not qualified to give advice and I don't know the ins and outs well enough to give any anyway unless I do some research which I am not going to. I can tell you one thing with certainty though... if his client takes legal action against him you will be joined in those proceedings and you will be liable for the acts of your agent. In saying that, as mean as it is I wouldn't blame the client for taking some action. I have had a similar thing to this happen to me and it was awful. Just when you have found a property you wish to make a home which often can take months to find "the one". Building the Leabrook with Fairmont Homes in Mallala, SA. Building contract 24/3/13 Council Approval 18/6/13 Selections 29/6/13 & 1/7/13 Site works 21/10/13 Slab 7/11/13 Re: sued by property agent due to pull out last minute 13Oct 09, 2013 1:37 pm hi, I consider this like 'gazumping' It's going to be difficult for client to take legal action to real estate agent. References: http://www.apimagazine.com.au/blog/2012 ... nts-do-it/ http://forum.pulsar.org.au/archive/inde ... 51990.html http://www.law4u.com.au/cgi-bin/factshe ... cle_id=470 Re: sued by property agent due to pull out last minute 14Oct 09, 2013 2:39 pm http://www.tyler.com.au/web/faqs.asp#Real_Estate Purchase/sale of real estate Can I be gazumped if I leave a holding deposit with the agent for a property I want to buy? In principle, yes, because the property remains 'on the market' (i.e., available for sale) until a contract for its sale is made. A seller may agree to take the property off the market for a short period after you pay a holding deposit, to give you enough time to complete the things that are necessary before you exchange contracts. However, the seller is not prevented from selling the property to someone else if he chooses to. If you are buying a residential property, you can exchange contracts and have a 'cooling off' period of 5 business days, during which you can complete the necessary checks and decide whether or not to proceed with the purchase. This prevents the seller from selling the property to anyone else. However, if you decide not to proceed, then you must pay the seller 0.25% of the agreed price. Black on light wood does look good. Not sure if it will be as long lasting as a steel finish? 6 6686 Before you rip it up, if you can in the grout lines, drill some holes and pour/inject techgrip by sika. I have used it to bond mdf to timber, but in the process it dripped… 1 4502 Not much in this responce. My suggestion is, what are you looking to build and why. This will all be impacted by the local councils planning scheme. Familiarise yourself… 6 6059 |