Property listed without permission....

Discussion in 'Property Experts' started by John Fish, 5th Dec, 2016.

Join Australia's most dynamic and respected property investment community
  1. John Fish

    John Fish Active Member

    Joined:
    8th Apr, 2016
    Posts:
    34
    Location:
    Paradise QLD
    Hi Ladies and Gents,

    So I'm in the process of getting a plan together to carry out some renos on my IP and went googling for images to find that it is listed for sale!! WTF?

    I contacted this agency 18 months ago after tenants did a runner, to get an appraisal. It was terrible so we decided we'd hold onto it, reno and then look at offloading it. It was never listed, we never signed anything. They contacted me out of the blue about a week ago wanting to know if I wanted to sell at which point I said no.

    Surely they can't do this?

    Cheers
     
  2. 738

    738 Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    131
    Location:
    Melbourne
    Correct - they can't. Ask them to remove th ad.
     
    John Fish likes this.
  3. MTR

    MTR Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    27,858
    Location:
    My World
    What?

    I was selling 2 parcels of land with an agent and I had builders selling land and house packages using my address/blocks without my permission.

    Not the same scenario but still very weird
     
    John Fish likes this.
  4. John Fish

    John Fish Active Member

    Joined:
    8th Apr, 2016
    Posts:
    34
    Location:
    Paradise QLD
    I will be calling first thing. The write up is correct so it is for my property. It's on both domain and realestate.com.au. I'm surprised they would spend the money listing it. I wonder if this happens often.
     
    MTR likes this.
  5. MTR

    MTR Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    27,858
    Location:
    My World
    Out of curiosity how did they price it's? Is it at same appraisal price ?

    BTW I would be furious
     
  6. John Fish

    John Fish Active Member

    Joined:
    8th Apr, 2016
    Posts:
    34
    Location:
    Paradise QLD
    When we spoke 18 months ago we talked about $265k It's listed at $259k Which is about right for the market there at the moment (worst house really good street) That said a house 4 doors up with the same floor plan sold 4 months ago for $390k difference being it's had a truckload spent on it. Yes I am ropeable.
     
  7. MTR

    MTR Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    27,858
    Location:
    My World
    Well I did not really care in my scenario because I was getting free marketing if someone wanted the builders package they would have to buy my land at the sale price, still cheeky
     
  8. Agent30yrs.

    Agent30yrs. Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    295
    Location:
    Brisbane
    I'd think they are in breach of the Act. They are offering it for sale without a correctly executed Form 6 , appointment to act. Something for the Office Of Fair Trading .
     
  9. KayTea

    KayTea Well-Known Member

    Joined:
    10th Aug, 2015
    Posts:
    1,204
    Location:
    Inside my head
    Is there any chance that they are doing it to get people to 'call in' with interest, only to tell them that the property is already under contract, or similar, (so the agency does know that they really aren't/can't be selling it).

    It could be some form of marketing ploy - just trying to get people to contact the agency, so they can try and entice them to look at other properties that really are for sale.

    Just a thought………….
     
    Rebecca and John Fish like this.
  10. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,247
    Location:
    Sydney or NSW or Australia
    Ring and ask the agent then scream bloody murder and Fair Trading for dodgy practices.

    Take screen shots for your backup information.
     
    Last edited: 5th Dec, 2016
    wylie and John Fish like this.
  11. hammer

    hammer Well-Known Member

    Joined:
    28th Aug, 2015
    Posts:
    2,866
    Location:
    Darwin
    I had this happen to me. Complicated story and involved family.

    One quick and.... er....informative call to the agent and it was removed. ;)
     
    John Fish likes this.
  12. Nemo30

    Nemo30 Well-Known Member

    Joined:
    31st Dec, 2015
    Posts:
    596
    Location:
    Somewhere
    I had a dodgy agent using photos of my house to sell a house being built down the street. It was similar design except mine was quite a bit bigger.
     
    John Fish likes this.
  13. Kesse

    Kesse Well-Known Member

    Joined:
    14th Jun, 2015
    Posts:
    891
    Location:
    Cairns
    I'd ring first and pretend to be interested in the property and see what game they're playing at then I'd give them the what for.
     
    hobo, JacM, legallyblonde and 5 others like this.
  14. John Fish

    John Fish Active Member

    Joined:
    8th Apr, 2016
    Posts:
    34
    Location:
    Paradise QLD
    I rang the agent, told him my name and asked if he'd had any interest in my house over the weekend. I could tell he was very uncomfortable telling me had no idea what I was talking about and he'd been on holidays. I then pointed out he had it listed he was very surprised and apologetic and claimed to know nothing about it but was going to take it up with his admin lady and get it removed. I really wanted to get someone to call and low ball it and see how he reacted but decided against it.
     
    Perthguy likes this.
  15. Brisbane04

    Brisbane04 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    92
    Location:
    Victoria
    I'm currently selling a block of land and the agent has sent off the plans to a number of builders to see if any of their clients could be interested. If it sells through this process so be it. Cheers
     
  16. neK

    neK Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,842
    Location:
    Sydney
  17. TMNT

    TMNT Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    5,572
    Location:
    Melbourne
    thats what I was thinking too

    maybe they have a realestate.com package where they get so many ads per month and they had spares so they put yours up as lead geneartion
     
  18. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,419
    Location:
    Qld
    I would suggest an interview with the owner of the agency to uncover exactly what happened.
    Fraud definitely an option.
    Unless satisfied, lodge a formal complaint with the relevant RE authority.
    Marg
     
    SeafordSunshine likes this.
  19. Paul@PAS

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

    Joined:
    18th Jun, 2015
    Posts:
    23,530
    Location:
    Sydney
    I would also make a complaint against their agents license. Perhaps even allow the relevant authorities to "catch" them offering the property without an agency agreement :) Their practices are illegal if they misrepresent:
    1. that they act for you and are selling a property which they are not and
    2. that they are seeking buyers who may enquire about what appears a genuine listing

    Their practices are dodgy and they should be accountable for their lies. At least you just found out which agent NOT to use if you sell. REAs may only show listings for homes that are for sale or those that are clearly already sold by them.

    Fair Trading
    ACCC
     
  20. Jennifer Duke

    Jennifer Duke Well-Known Member

    Joined:
    23rd Oct, 2015
    Posts:
    346
    Location:
    NSW » Sydney
    @John Fish - would be very interested in following up with the agent for a possible news story (I work as a reporter at Domain). Sounds completely out of line.

    Would you be able to share the details with me? I'm [email protected]

    Thanks.
     
    Bran and Perthguy like this.