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Just a misunderstanding, sorry

Discussion in 'General Property Chat' started by Rain, 12th Feb, 2016.

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  1. Rain

    Rain New Member

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    Hi All,

    As the title.
     
    Last edited: 13th Feb, 2016
  2. MsAli

    MsAli Well-Known Member Premium Member

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    They need to put any of this information on the advertisment
     
  3. Big Will

    Big Will Well-Known Member

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    The title of the thread makes me want to join people in the garage...
     
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  4. dmb1978

    dmb1978 Well-Known Member

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    @MsAli how do they work this information into the advertisement? I have never seen it mentioned anywhere on any house for sale ads and yet with many home deaths and suicides every day you think it would be more common.
     
  5. MsAli

    MsAli Well-Known Member Premium Member

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    It actually became the law a few years ago after the Gonzales family home was sold and then the sale fell through as the agents had not put on the real incidents
     
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  6. Ace in the Hole

    Ace in the Hole Well-Known Member Premium Member

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    Do you have to tell the prospective tenants?
     
  7. Propertunity

    Propertunity Exclusive Real Estate Buyers Agent Business Member

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    The selling agent needs to disclose any Material Facts about the property (but this does not need to be in the advertisement AFAIK).
    The definition of a Material Fact as it relates to real estate, can be found here: http://www.fairtrading.nsw.gov.au/f...nsibilities/Misrepresentation_guidelines.page
    In relation to disclosing to the OP regarding a suicide, suicide is no longer a crime in NSW since 2012 - about 4 years ago. So the requirement set out in the above article, "For example, property which has been the scene of a serious crime during the current or previous occupation. While such circumstances may not represent a physical barrier to the use of the property, they may significantly affect the extent to which occupants would be comfortable using the property." is not triggered by being associated with a serious crime but may be triggered by "potential psychological stigma attached to a property which is likely to be shared by a significant proportion of the population."
    For me personally, it would not bother me. People die in homes every day of the week. I'm pretty sure some of them would be assisted suicides. But I do accept that not everyone thinks the same as me.
    The agent in this case IMO would have been better off disclosing all he/she knew.
     
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  8. twobobsworth

    twobobsworth Well-Known Member

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    How are you the victim of the agent? What loss have you suffered and how do you know this happened?
     
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  9. Big Will

    Big Will Well-Known Member

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    What if the agent doesn't know and the vendors haven't told the agent or they don't know?

    REA can only convey what they have knowledge of :)
     
  10. neK

    neK Well-Known Member

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    Would it still need to be disclosed if the garage was knocked down?
     
  11. Propertunity

    Propertunity Exclusive Real Estate Buyers Agent Business Member

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    ...about material facts - yes. But the question then comes, for how long do we have to do that? after the 7th, or 8th tenancy? Does a selling agent showing a property have to say "now here on the driveway 20 years ago, a little girl was run-over & killed. This is the main bedroom where grandma died 12 years ago". etc - it becomes a non-sense.
     
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  12. Xenia

    Xenia Adelaide Property Manager Business Member

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    I would disclose everything to both purchasers and potential tenants so that they can't use it to terminate contracts later on. Courts can be very sympathetic to people's emotions.
     
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  13. Propertunity

    Propertunity Exclusive Real Estate Buyers Agent Business Member

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    Section 52 (1) of the Act states that it is an offence against the Act if in the course of performing functions as a licensee or registered person, another person is induced to enter into any contract or arrangement through:

    • a statement, representation or promise which is false, misleading or deceptive (whether to the knowledge of the person or not) or by
    • concealing a material fact (whether intended or not). :eek:
    So legally, an agent must disclose even if he/she is unaware of what they should be disclosing.

    A defence exists, however, when the agent / certificate holder ‘…did not know, and had no reasonable cause to suspect’, [that his/her] statement, representation, or promise was false, misleading or deceptive [section 52(3)].
     
  14. Sanjeev Kumar

    Sanjeev Kumar Member

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    Hey guys! I'm the agent for this property. FYI I specifically requested a special condition to be included in the contract so it was transparent and checked with fair trading before listing this property.

    Every buyer that signs a contract is notified verbally by me and had to sign they are aware of incident (prior to signing front page).

    At the auction, before registering buyers I personally took each buyer aside and told them about the incident AND got them to sign a declaration they knew about incident. AND I even paid a photographer to film the auctioneer saying the incident prior to auction.

    So I'm curious who this 'Rain' is and how they are a 'Victim?' The house isn't sold so how can anyone be victimised ??? and I reckon I could get 20 buyers to vouch I told them... Perhaps they are a buyer coming tomorrow trying to play games...

    Any defamation lawyers on Somersoft lol!?
     
  15. Digitalism

    Digitalism Active Member

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    The RE.com ad does mention the property has material fact and to read the contract.
     
    Last edited by a moderator: 13th Feb, 2016
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  16. Sanjeev Kumar

    Sanjeev Kumar Member

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    Sorry for the long post guys! But was totally shocked to see that comment
     
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  17. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    Good on you @Sanjeev Kumar . You have acted with integrity over a sensitive issue.
     
  18. S.T

    S.T Well-Known Member

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    I'm not selling anything
    Sanjeev, I've a feeling we're not on Somersoft anymore.
     
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  19. Sanjeev Kumar

    Sanjeev Kumar Member

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    Thanks Westminster! By the way - feel free to come to my open home tomorrow 11am lol!
     
  20. twobobsworth

    twobobsworth Well-Known Member

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    Always two sides. Thanks for sharing.
     
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