Question regarding section 32

Discussion in 'The Buying & Selling Process' started by Silverson, 3rd Jul, 2017.

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  1. Silverson

    Silverson Well-Known Member

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    Apologies in advance for what some may think to be a silly question, however is what I'm asking illegal, morally incorrect or on the flip side smart and savvy?
    A little back ground story, I and my partner were interested circa a year ago in purchasing another 2 bd townhouse.
    It was listed for sale by negotiation by a small Unknown agency. The agent was very rude throughout the whole process and blatantly lied on numerous occasions, clearly the kind that gives agents a bad name.
    Any how, the property did not sell as the vendor obviously did not get the price she was after.
    My question, is it acceptable/legal to contact the seller myself as the vendors contact details are on the section 32 and it is still in my inbox.
    Thanks in advance guys, really appreciate the replies
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Yes and yes
     
  3. Silverson

    Silverson Well-Known Member

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    Thanks for the reply Terry, now to try to convince them to sell it to us!
     
  4. bel23

    bel23 New Member

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    Oh good luck! I wonder if they realise that their agent isn't acting properly to close the deal.
     
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  5. KateAshmor

    KateAshmor Victorian Conveyancing Lawyer Business Member

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    Yes, definitely worth a try. :D
     
  6. Silverson

    Silverson Well-Known Member

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    time to give the negotiating skills a workout!

    Thanks for the reply Kate
     
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  7. Something_Wrong

    Something_Wrong Well-Known Member

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    Don't tell them their agent was useless, otherwise they may get another agent on board.
     
  8. Silverson

    Silverson Well-Known Member

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    surely they would of had half an idea, this guy was atrocious!
     
  9. Ted Varrick

    Ted Varrick Well-Known Member

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    Sure, why not? And when they ask you if you have spoken with the rude agent, due to your bad memory you might just reply "Who? What agent? Nope, never heard of them...", (and hopefully the agent didn't add you to their database for that particular OFI).

    And, @Silverson , then, assuming the rude agent was illiterate, they must have obviously misspelled the name of some other person called Silverton or Sliverson or some weird wizard looking guy called slytherin... who would know?

    Pfft, it's so hard to get good staff these days...
     
  10. Silverson

    Silverson Well-Known Member

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    Haha yep!
    There is a part of me who feels as if morally what I am doing is incorrect, however I quickly remind myself that this person clearly wants/wanted to sell and if we can come to an agreement and save them on marketing again and commissions then why not!

    Next hurdle is pushing to purchase as I promised myself I would never purchase at peak or close to peak of cycle.
     
  11. Ted Varrick

    Ted Varrick Well-Known Member

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    Sit tight then, as it might be a while until interest rates are 12% and there's blood in the streets.

    Then, go hard, or go home.
     
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  12. Bayview

    Bayview Well-Known Member

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    You can contact the Seller direct, but if you were introduced to the Seller via the Agent, then I'm fairly sure the Agent is eligible for a commission on the Sale up until after the Sale Authority period expires...from memory there is also a certain period of time AFTER the Authority expires where they are still eligible for a commission...

    The details should be on the Seller's Sale Authority; they should be able to confirm the period of time...maybe discuss with the Seller waiting until this period is over and then negotiate a sale privately.
     

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