Problem with real estate - do I employ a lawyer?

Discussion in 'Property Management' started by dodger21, 20th Dec, 2017.

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  1. dodger21

    dodger21 Active Member

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    Hi,

    I have a bit of a problem that is building up before Xmas....

    I have a place in Sydney that I lived in for 12 years. I had to move interstate for work, so I am renting that property out. I was recommended a particular property manager who worked for "XYZ" (pseudonym) real estate company. I employed her and haven't had a problem with her.

    About six months ago I became aware that this particular property manager was moving away from the company to form her own real estate business. As I was impressed with this property manager, I wanted to stay with her so I completed the relevant forms for this. I also emailed "XYZ" real estate to advise them and to arrange my file and house keys to be given to her.

    "XYZ" real estate took offence to this in October and replied to my email bagging out this particular property manager and basically saying she damaged their company. They also said that the file and keys won't be available to be collected until 22nd December (this Friday). They further said that this particular property manager is now barred from entering their office and won't be allowed to come in to collect my file and keys, and that I was to nominate who was to collect them. As I live interstate I am unable to fly back so close to Xmas and collect them myself.

    I told this to my property manager and she said not to worry and she will employ more staff before Xmas and will give me a name of a new staff member who has never been affiliated with "XYZ" real estate and they can go and get them. Anyway, my property manager advised me yesterday that "XYZ" real estate have now barred anyone working at my property manager's new real estate from entering their office or coming to collect my file or keys.

    My property manager suggested I email them telling them to send my file and keys by registered post to her. She also suggested not to get into any banter with them as "XYZ" real estate is still causing problems. I told her that I know my elderly mother is in Sydney on Wednesday and Thursday and she will be able to go to the real estate on those dates to collect the files. However, overnight I have been having second thoughts as I don't want "XYZ" to bully or intimidate my mother if she goes there to collect the files. My mother knows nothing about real estate and has lived in the same house since she was 21!

    So, now I'm thinking what would you do?

    I can't fly there on 22nd December myself - and I wouldn't want to as the air fares before Xmas are so high and I can't claim that on tax for flying interstate to check on a property anymore.

    Would you see if you can hire a lawyer/solicitor nearby to "XYZ" real estate and employ them to attend and collect the file? My property manager's new company is in the same suburb.

    If you would employ a lawyer/solicitor does anyone have any recommendations for the St. George/Hurstville area of Sydney?
     
  2. DaveM

    DaveM Adelaide Buyers Agent & KFC Strategist Business Member

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    Firstly, thats pretty poor form by the outgoing agent, banning the new PM from their premises. Sore losers.

    Second, I am sure you could find someone from the forums who could give a hand for a bottle of booze or maybe a local BA could do this on a fee for service basis. Maybe @Propertunity or @Depreciator or @Kate Hill would know someone in that area
     
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  3. Scott No Mates

    Scott No Mates Well-Known Member

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    Refer them to S45D-S45DD of Trade Practices Act - secondary boycotts.

    Have a courier pick up the parcel.

    (More fool XYZ for not having a restriction on trade clause in the employment contract preventing ex-employees going into business within X km of the old office or for 12 months etc.)
     
    Last edited: 20th Dec, 2017
  4. qak

    qak Well-Known Member

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    I live near Hurstville, can pick up if you like? May not be before Friday though, so check when they are open until.
     
  5. dodger21

    dodger21 Active Member

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    Thank you very much for that DaveM.

    I will pay them as opposed to a bottle of booze (or maybe both!!)

    Sure that XYZ real estate would kick up a stink and refuse to hand anything over unless it is Friday, and my mum won’t be in Sydney that day.

    I do need to find a good buyers agent as I’m looking at buying another IP in 2018, and I need a solicitor to organise a will.

    So if there is any available on Friday I could probably use them on an ongoing basis
     
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  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Sydney's a big place apparently. :oops:
     
  7. neK

    neK Well-Known Member

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    @dodger21 Where is this Real Estate Located?
    If its nearby I can try and pick up for you and the other RE can pick up from me.
    PM Me the suburb and I'll tell you if it can do it
     
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  8. WestOz

    WestOz Well-Known Member

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    Yep, the suburb area in the OP would be handy, one of the forum members maybe able to pick up, drop off for you.
    I know I'd do it for you if I was in the area, nothing in return, just good karma and all that.

    Good Luck.
     
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  9. Knights of Ni

    Knights of Ni Well-Known Member

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    Change the locks...... problem solved (and it's not a bad idea anyway).
     
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  10. Xenia

    Xenia Well-Known Member

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    They have involved you in a crossfire between two agencies and it is very unfair. Very silly of them, you are allowed to choose any property manager you want.

    If you can't get a forum member to pick up the files, get an uber driver, they would be cheaper than a solicitor.
     
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  11. Xenia

    Xenia Well-Known Member

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    She still needs the property files.
     
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  12. dodger21

    dodger21 Active Member

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    It is in Beverly Hills and my property manager is also in Beverly Hills
     
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  13. willair

    willair Well-Known Member Premium Member

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    Maybe just employ a Locksmith and say nothing,and please don't send your Mother they would cut the lady off at the knee level very quickly..
     
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  14. dodger21

    dodger21 Active Member

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    But I need my files
     
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  15. Scott No Mates

    Scott No Mates Well-Known Member

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    XYZ agency would be very surprised to find their locks changed. :p:D
     
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  16. willair

    willair Well-Known Member Premium Member

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    "IF" you have your monthly statements backed up on file apart from the maintenance scheduling which you and your Accountant will already have on file -just burn the bridge and move foward ,then what else do you require?..imho..
     
  17. Terry_w

    Terry_w Broker, Lawyer, Tax advisor, Debt Recycle advisor Business Member

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    Direct them to hand over the keys to the new agent or their nominee.
    Don't get involved with anything further as not your issue.
     
  18. Phantom

    Phantom Well-Known Member Premium Member

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    If you'd like, I can help. PM me. :)
     
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  19. dodger21

    dodger21 Active Member

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    Well, there’s an update.

    The keys and files are being picked up tomorrow. I arranged that with one of the other property managers at XYZ.

    Within ten minutes of doing that I get a phone call from the boss of that real estate saying my property manager is unprofessional, stole his clients, isn’t very good and a few people who went to her are now coming back. I just sat there and listened to him rave for 5 mins while dreaming I was lying on a beach somewhere.

    His rave confirmed I was making the right decision
     
  20. D.T.

    D.T. Specialist Property Manager Business Member

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    Can understand to a certain extent. Do you imagine growing a business then one of the employees becoming a competitor

    Carrying on like a pork chop about it or telling a client about it is pretty unprofessional though. They should have just processed everything quickly, smoothly and moved on. They've burnt bridges reducing any possibility of you ever going back, and could have used that time to better-service the clients they have or attract new ones.

    At the end of the day, service people well and they won't want to leave anyways. Maybe even prevented your situation from even happening.