PM refusing to handover to new agent...can I 'co-manage' in the meantime??

Discussion in 'Property Management' started by Pipsal, 21st Dec, 2015.

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  1. Ambit

    Ambit Well-Known Member

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    Found this
    Acceptable Use Policy (AUP) - Residential - About realestate.com.au Paragraph 4.1.16. 'Refreshing Listing' looks to me like you're OK to relist with a new company. Check with them.
     
    Perthguy and wylie like this.
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Don't advertise it on re.com.au and it's not the same agency so rule doesn't apply.
     
  3. wylie

    wylie Moderator Staff Member

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    Without re-reading all the posts, have you placed this in the hands of a new agent? If so, that is what I would be doing, and let the new agency handle these people. And report them to REIQ and whoever else will listen. Definitely document everything, keep emails where you say it is NOT for rent. They are completely out of line.
     
  4. Pipsal

    Pipsal Well-Known Member

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    I have signed up with a new agent, but they were waiting for old agent to notify that it could be handed over - and they wrote back that they were retaining it until the 30 days date, so new agent said they couldn't take it over until then and they've made arrangements to pick up relevant stuff then apparently. They're closed until the 4th now.

    I have kept everything, my emails and theirs and I have video/photo evidence of the property once vacant. I'm getting accused of all sorts of things now - they're trying to get personal (disappointed, belitting, offensive, etc) but I've kept it very by the book. I've never accused them of doing something wrong, but I have asked questions, and I have never even suggested that I would take this further...and I have 2 people check every email I send first to make sure they aren't inflammatory, in case it does go further! The time I've spent on it is ridiculous though, I am preparing a complaint for Fair Trading. I think it's my only avenue, it won't help me directly, but maybe the next person..

    Hoping now that it's off the market and I've not allowed that tenant I won't hear from them again....although I'm due a month's rent in a couple of days, wonder what will happen there...
     
  5. Pipsal

    Pipsal Well-Known Member

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    3 weeks...hopefully it goes quiet now though??:rolleyes:
     
  6. Pipsal

    Pipsal Well-Known Member

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    Yeah thanks, I found that too, that's all I could see so that looks like it's not a problem. Have sent them an email to get clarification in writing anyway...
     
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  7. Stimpy

    Stimpy Member

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    lol.... the outgoing has been done, tenant has vacated. change the locks, issue formal notice to the agents and sit the 30 days out and re advertise in the mean time with new agents. The agent has NO say on what you can and cant do once a tenant has vacated.

    As for realestate.com you can advertise with whoever and whenever you want. The agreement is with RE.com and the agent. Its to stop agents pulling a property after a week and re advertising it to put it to the top of the listings again. If the Agency is guilty of this on multiple accounts their agreement with RE.com is in breach, not you or your property. RE.com do have systems in place internally to stop this happening anyway.

    and finally put an official complaint in regarding the PM to the licensing department in your state. They will follow this up directly with the agent and show that you are serious.
     
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  8. Pipsal

    Pipsal Well-Known Member

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    re.com confirmed in writing about the advertising....my latest issue is they're not paying me my end of months rent owed!!!:mad:
    Finally sent a Statement today after having to ask, and they took a few hundred!! out in 'advertising costs' - which I had already pointed out was NIL in contract, and have also withheld another $400 'in trust'. There is no clause for this that I can see - they pay nothing for me, all accounts direct to me as per contract.
     
  9. dabbler

    dabbler Well-Known Member

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    nice.....
     
  10. Perthguy

    Perthguy Well-Known Member

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    This is ridiculous! Time to lodge a formal complaint.
     
  11. Props 2 U

    Props 2 U Member

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    What is the name of the PM so we know to steer clear of them? All of us investors need to know the name of shonky PM's. They seem to be laws unto themselves because they hold all the power (and our money) and think they can dictate to us what they dam well please. I can't stand unprofessional PM's. I am currently taking a previous PM to OFT for their lies and deceit here in Brisbane. I warn all investors to stay clear of them.
     
  12. Pipsal

    Pipsal Well-Known Member

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    OFT complaint lodged last week....12 documents attached, over 50 pages of stuff to show what's been happening, including all emails from a week or so before I sent notice to terminate - mine too cos I have nothing to hide! I could have gone back further, but didn't want to get too picky:rolleyes:....they're probably not going to do anything anyway, but it's this then I have to go small claims or pursue it myself legally. Someone told me small claims costs $150 to even go there, if they eventually give back the money 'held in trust', I'll only be going for $200....I'd still do it though, because they don't know me well enough if they think I'm walking away!

    As for name of PM, if you want to know, send me a message - I don't imagine they will be a huge problem for a lot of you as they are onsite managers in a large complex rather than an Agency....and until it's gone through OFT I'm not going to be seen to do the 'wrong thing' in case. But if you are buying in a large complex in the 10-15km out Bris north area, PM me....
     
    Perthguy likes this.
  13. Perthguy

    Perthguy Well-Known Member

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    @Pipsal, have they finally relinquished your property to you?
     
  14. Pipsal

    Pipsal Well-Known Member

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    Not yet....I've steered clear of them since NY other than sending 2 unanswered letters asking for either a legal/contractual explanation for their conduct with my funds or that they be transferred immediately....just been going in and doing what I need to as I please, always take someone with me though. Monday it should be handed over to new Agent...will see what happens then I guess, won't be at all surprised if they aren't there at the time that was arranged.
     
    Perthguy likes this.