Agent conflict of interest

Discussion in 'Legal Issues' started by the world is your oyster, 2nd Mar, 2018.

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  1. the world is your oyster

    the world is your oyster Well-Known Member

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    hi there
    Was wondering people’s thoughts on buying a property through a agent where my wife works
    Is there a legal conflict of interest that could bite us in any way ? Or does it come back to bite them ?
    Interested to hear peoples answers
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Better declare it to the vendor.
     
  3. the world is your oyster

    the world is your oyster Well-Known Member

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    Thanks terry
    What about if the property has been singed
    For what me and agent both agree was market value and latter the vendor changes their mind ?
     
  4. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    How badly burned is it ?

    ta
    rolf
     
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  5. the world is your oyster

    the world is your oyster Well-Known Member

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    Don’t get you sorry ?
     
  6. LifesGood

    LifesGood Well-Known Member

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    Agent should declare to the vendor when presenting your offer.
     
  7. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    You said the property was singed = burnt, but not to the ground

    ta

    rolf
     
  8. the world is your oyster

    the world is your oyster Well-Known Member

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    Is that more on the agent of duty of disclosure
    Or the purcherer who never talked to the vendor
     
  9. Propertunity

    Propertunity Well-Known Member

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    In NSW if buying and you are an agent of the listing and selling agency you must disclose to the vendor on a section 49 form. Also you may not charge the vendor a sales commission and you must get an independent valuation from a valuer and pay that amount for the property.
     
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  10. Ross Forrester

    Ross Forrester Well-Known Member

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    Just get your spouse to notify their connection in writing to their employer. The licensee has the duty of care to their client - not you.
     
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  11. Marg4000

    Marg4000 Well-Known Member

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    Check state regulations.
    You will have to declare the fact to the vendor.
    The agency may not be allowed to charge the vendor commission on this sale.
    Marg
     
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  12. hobartchic

    hobartchic Well-Known Member

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    It's not clear whether the vendor and agent are the same person - in which case, clearly this has to be declared. If the house is being bought through an agency by an agent's employee (your wife) I believe the vendor has to be informed as well but likely to vary with each state (as Marg states). So just declare it. If the contract has been signed, still let vendor know and give them the option to renegotiate the contract.
     
  13. the world is your oyster

    the world is your oyster Well-Known Member

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    My spouse is a sales assistant to a differnt selling agent in the same agency
    My spose is a sales assistant to a differnt agent in the same agency
    The deal was presented to me with out her knowing and I done the deal
    Now the house has been renovated and on sold for more it’s like the vendors who we bought from are up set as it’s more then then they sold it

    Even know it was full off junk and rubbish and desperate to sell right befoure Christmas I sense some jealousy
     
  14. the world is your oyster

    the world is your oyster Well-Known Member

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    Ps
    My spouse didn’t or doesn’t receive any commission from any of the sales
     
  15. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    It is not you or your spouse's problem. It is the agency's
     
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  16. JDM

    JDM Well-Known Member

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    Not your issue but is definitely a potential issue for the agent if they have not disclosed the relationship
     
  17. Tom Rivera

    Tom Rivera Property Manager Business Member

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    Strong potential for there to be an issue there. That should definitely have been disclosed. The agency should be getting legal advice. Fortunately, I don't believe it's your problem at all.