Paint job gone wrong

Discussion in 'Legal Issues' started by Sil, 11th Apr, 2022.

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  1. Sil

    Sil Member

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    Hi All,

    My partner and I have rented out our property over the last number of years, part of this period we lived abroad. We engaged a rental agent under good faith as that was all we had to choose from.

    We had our real estate agent give his painter the job to paint the ceiling as it had a mould issue.
    He told us that his painter did a good job so we paid the bill.

    Now two years later we are given back the keys to find out the paint job was barely carried out.
    Big area's missed, most of it single coat, wrong gloss, the lot.

    Both painter and real estate agent have told us not to take any responsibility for the job.
    To my knowledge the real estate agent is at fault as he did not do a proper inspection of the paint job prior to advising me to pay.

    We have a signed contract with the property manager (from 6), which has 11.5 that states that he is liable if there is neglect on his part when it comes to appointing a trades person.

    I have tried contacting a couple lawyers who both told me to pay them $500+ before they can advice on the matter. The QBCC has said it is a job under $3K so also not their responsibility.

    Anyone here have an educated opinion?

    Much appreciated!

    ps. let me know if I forgot any important information.
     
  2. D.T.

    D.T. Specialist Property Manager Business Member

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    Did the quote have the specifications of the job listed in it before approved?
     
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  3. Marg4000

    Marg4000 Well-Known Member

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    I suspect legal fees would exceed the cost of repainting the ceilings.

    Maybe contact the Real Estate Institute about the PM’s responsibilities? Or the Dept of Fair Trading for advice?
     
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  4. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Australian consumer law. A claim through fair trading at best. Definately nothing involving solicitors.
    The issue is with the quality of tradesmanship not with your AGENT paying them. Without an adverse finding for tradesmanship how could the agent be liable ? You are chasing the egg across the road not the chicken

    Terminate agent, Get it done properly and move on. Its a ceiling. Michelagelo wasnt the contractor I assume.
     
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  5. Sil

    Sil Member

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    Yes, "painting of ceilings *property address*".

    And yes, legal fee's indeed higher than the 1.8K paint job I imagine.

    Unfortunately I have never had any positive outcome with the dept of Fair Trading, I've always only be told: "we can't comment on your situation due to legal liability".
     
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  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Probably on the camber from the high side of the road.
     
  7. Stoffo

    Stoffo Well-Known Member

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    All ceilings ?

    If it was only the bathroom then I will fix it for you at the bargain price of $1,600.:D
     
  8. The Y-man

    The Y-man Moderator Staff Member

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    You say wrong gloss etc - was there a spec of brand/type of paint, colour mix etc? (Need to for touch up too)

    The Y-man
     
  9. Gen-Y

    Gen-Y Well-Known Member

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    Suck it up.. that is your fault for not checking it.
    Don’t waste your time chasing it. It’s past tense and 2 years later.
     
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  10. carfield

    carfield Well-Known Member

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    my late father used to say if money solves your problem, then its not a problem.

    i dont think you have a problem
     
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