I think I got scammed

Hi all,

I signed up to buy an apartment off the plan from a real estate agent in Melbourne. Paid her $25,000 for the deposit and then she asked for a further $25,000 cash payment because she said the value of the apartment has went up by $50,000 since November last year.
I did not think too much about it because she made it seem like the extra $25,000 would go towards the purchase of the apartment. However, after doing some calculations it turns out that she pocketed those $25,000 for herself. She wanted cash but I transferred via bank account so there are records of it.

I have contacted her since and she is playing dumb, pretending everything is FINE. I am really upset about this and was wondering what I can do to get my $25,000. I am not even sure I want this apartment anymore because of how she treated me!

Any advice please??

 

Go report it to the police.

 

Slap forehead with palm of hand.

 

Seek legal advice.

We're receipts issued and do you know if it is a trust account?

 

Collate all records, contracts, receipts, text messages, emails etc. Lawyer and/or police will need this. Guessing police will say it’s a civil matter, but worth trying.

Might also be worth doing an internet search to see if any others are in the same boat. More power in numbers whichever path you choose.

 

How do you know that the Lady has pocketed the 25k ,and how long ago did you transfer the funds and when is the completed settlement date..Sounds strange this one what was in the contract you signed ?..

 

Sorry to hear that ,one of the first blocks of land I looked at was on one of the bay islands off Brisbane a long time ago but it only seems like yesterday ,the media was pumping the story that there was going to be a bridge to link all the islands ..I took a day of work went over most of the 4k blocks were waterfront at low tide ,if you went back at high tide which I did you could have a crab pot in the front yard at high ,and they sold like hot cakes till the title holders found out they were unable to build on those blocks ..
But to mislead people these days I would have thought it would be a lot harder ,then when people in our age group started and thought everyone was up-front and honest …

 

4k is spare change now.. But I hope they get no council rates bills.

 

Thank you all for the advice and replies. I have been in touch with my conveyancer and she said that what that real estate agent did was illegal, she said you "can't ask for extra money because the apartment appreciated in price before the sale". I am waiting to hear back what happens now. I feel really stupid and angry for not discussing this with my conveyancer.
I have never been duped like this before but keeping fingers crossed I can get my $25,000 back.

PS the account was her personal bank account where I deposited the money.

 

the conveyancer is wrong.

Anyone can ask for anything, it is not illegal. But a person is not compelled to pay more for a property, unless there may have been a contract term about this.

You should really be talking to a solicitor about this.

 

Ohh...

 

Question. How do you know which account you transfer to? When they give you BSB and Account number no one knows if it is a trust, personal or company. Unless I’m missing something, it is impossible to say...

 

Don't you have to put in the account name? It would appear that she gave her personal account details i.e. Her name, BSB and account number, not that of a recognised Trust account.
I think the OP needs to speak with a lawyer asap.

 

The name of the account will be, "XYZ Trust Account".

 

EFT’s don’t check account names against actual, only done for cheques.

 

Thanks @The Y-man. Makes sense. I’m banking worth a bank that doesn’t issue checks. Will have to keep that in mind...

Well done. I was about to reply to that. EFT account name is useless. I once transferred to my brother and wrote “Queen **** *** ”* in account name. Money went through and was received.

*Name changed for illustrative and privacy purposes. It was misspelled in the transfer.