Bypassing agent

My take is you were introduced & vendor should ask agent, as seems they had a legal agreement.

Other way is to have your solicitor put something in contract saying no coming back to you for any agent fees etc.

 

Any come back on commission by the agent will be on the vendor as far as I'm aware.

And there will be circumstances where this is the case. Otherwise we would all get introduced by an agent and privately agree to hold off signing a contract until the agency agreement has expired & somehow share the saved commission between the vendor & buyer.

Agent works on behalf of him or herself first and then the vendor. There is no agreement / contract / obligation between the agent & the buyer.

 

Could commission be payable if the managing agent is the selling agent but an agency agreement to sell the property has not been signed?

 

If a selling agency agreement has not been signed, the agent cannot claim a right to the commission as it contravenes the Licensing Act (in NSW). Whether the same applies to Victoria needs to be checked.

 

Yes

 

An agency agreement to sell is not required?

 

In NSW - refer PSBAA 2002 Part 4 Division 1 Cl 55

 

Thanks so much. Will have to check this out for Vic. Maybe Terry_w is referring to states other than NSW

 

No I was referring to nsw

 

Now I'm intrigued - this is explicitly against the PSBAA. In what circumstances would a court go against the legislation? Even a lapsed agreement can be held to be valid (within a reasonable timeframe) if there was an introduction which could be proven to have resulted in a sale however in the absence of an agency agreement, there is no entitlement to commission regardless of how the sale came about.

 

Laws of equity

 

Any chance you could expand on this?

 

Equity is a branch of law which deals with equitable principals such as unconscionability, undue influence etc.

An example is where a contract is not signed but the parties think it is only to later find out it isn't.

 

@Terry_w - Basic tenet of agency is that the agent doesn't lift a finger until they have an authority to act. The agent would be moved on very quickly for acting without authority.

Does OFT sit under the Supreme Court in NSW and trump small claims court?

 

OFT is a govt department. It's decisions can be reviewed by a tribunal or court.