Join Australia's most dynamic and respected property investment community

Action against PM

Discussion in 'Property Management' started by fantail, 9th Aug, 2015.

  1. fantail

    fantail Active Member

    Joined:
    6th Jul, 2015
    Posts:
    25
    Location:
    Melbourne
    Hi all,
    I'm posting this in the hope that someone can offer some advice on what to do about a real estate agency that has been "managing" our IP in Perth.
    We are from Melbourne so all the more important that our PM keeps a close watch on things for us.

    There has been a lack of followup of maintenance and repairs so that when our tenant gave notice to vacate, we knew the place would have to be brought up to scratch before we could re-let it and we were prepared to outlay a bit to do a reno/makeover.

    Tenant vacated in early May and PM sent us photos and said property was left filthy and with many things needing repair/replacement so tenant's bond could go towards the cost,landlords insurance could pay some and we'd have to make up whatever wasn't covered by either of those.
    We requested PM get bond back + lodge claim with our insurance co. based on initial quotes and she said she'd do that, so we came over to Perth in June and hired a builder - we finally met PM and asked her to re-lodge the insurance claim as it wasn't in insurance co's system. She said she would.

    Since then we have received back MOST of tenant's bond ( not sure why he would've received ANYTHING back, given how he left the property !) but no insurance money as no claim has been lodged.
    Despite many phone calls to PM and insurance company, nothing has happened so we thought
    we'd lodge the claim ourselves but we don't have the paperwork the insurance co requires - the PM has that!
    I rang her to ask her to send the docs, but after a week of leaving messages then finally getting to speak to her she said she'd been busy and then hung up on me.

    I phoned the general manager from Perth office to advise of this situation, and emailed him builder's invoice for almost $9000 and felt fairly confident that he'd get this sorted, but after almost two weeks without a reply (or insurance claim lodgement) I contacted him again and he's advised
    that he's sent my email to the PM and she'll "update " us, whatever that means. In any case, there's been no response from either of them.

    We feel that we've been extraordinarily patient and have explored every option with this estate agency (except writing to main franchise)
    Now after $20,000 for repairs and lost rent, I'm highly stressed over this and furious with the agency who certainly haven't looked after our interests during this tenancy or since tenant vacated and would like advice re. what recourse we have in this matter - legal and consumer wise.
    Any advice much appreciated.
     
  2. FireDragon

    FireDragon Well-Known Member

    Joined:
    31st Jul, 2015
    Posts:
    171
    Location:
    Australia
    If it's in NSW, I will contact Department of Fair Tradnig, I think WA has something called Consumer Protection? Have you contacted them?
     
  3. fantail

    fantail Active Member

    Joined:
    6th Jul, 2015
    Posts:
    25
    Location:
    Melbourne
    Thanks for your reply FireDragon.
    I want to make a formal complaint to the body that licenses real estate agents so it's probably either REIWA or their department of fair trading or consumer affairs. So yes I'll do that and feel satisfied if the agent gets a big slap on the wrist and can't act like this with other landlords.
    But I also want monetary compensation due to their failures in this matter - it's a lack of duty of care to their clients therefore a breach of contract so I think I might need to discuss with a property lawyer???
     
  4. Darlinghurst Boy

    Darlinghurst Boy Well-Known Member

    Joined:
    29th Jun, 2015
    Posts:
    866
    Location:
    Darlinghurst Sydney
    Listen just call her, tell her you are are transferring your business to anothervReal estate agent .
    Why are you still with them?
    If they had hung up on me I would have rang the General Manager told him what happened and made sure he remembered our conversation and then transferred the Property Management to another agency ,thats after abusing her on the phone.

    By the time you waste money with Lawyers etc you will be furthervout of pocket.
    Write them an email, send the email to both the GM and PM use no threats and no big words.
    Write the email as short as possible saying that she is obviously unefficient because Nothing is done and how slow she is.
    Tell them you are requesting financial compensation(not too much or they wont pay) otherwise you are requesting mediation with the Fair Trading Dept.
    Tell them your request $1500 or whatever.


    Then lodge an online comlaint with WA Fair Trading detailng the complaint.
     
  5. Chilliblue

    Chilliblue Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    1,578
    Location:
    Australia
    From WA Department of Commerce.

    If you are dissatisfied with the standard of conduct of a settlement agent, real estate agent or sales representative, the following course of action is recommended:

    • Step 1: Contact the settlement agent, real estate agent or sales representative (or the real estate agent in control of the representative) who undertook the work, and discuss your concern with them. This may give them the opportunity to rectify the problem, if possible.
    • Step 2: If you remain dissatisfied, contact Consumer Protection through the Advice Line on 1300 30 40 54 to discuss the matter.
    • Step 3: If you wish to lodge a complaint, then this is required to be done online or in writing. Further information about our complaints process, sample letters and contact details is available from our complaints and enquiries pages.

    http://www.commerce.wa.gov.au/consumer-protection/real-estate-complaints


    Remember to lodge your compliant in writing.
     
    Perthguy likes this.
  6. fantail

    fantail Active Member

    Joined:
    6th Jul, 2015
    Posts:
    25
    Location:
    Melbourne
    Thanks for the further replies Chilliblue and Darlinghurst Boy.
    I will work through your suggestions and see where it gets me. In due course I'll post the outcome for the benefit of anyone else who might find themselves in this same unfortunate situation..

    There's no need for us to advise them that we are taking our business elsewhere - they were aware that we were doing a reno and then selling the property.
     
  7. Big Red

    Big Red Well-Known Member

    Joined:
    29th Jun, 2015
    Posts:
    109
    Location:
    Melbourne
    Given what you just said fantail, they probably think its a lost cause and don't care about it.