Real Estate Agent - Dishonesty

Discussion in 'Legal Issues' started by shreko, 12th Apr, 2019.

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  1. JetstreamVic

    JetstreamVic Well-Known Member

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    Just pay it and don’t be an ass. You used a service, but didn’t get the result you were after. Nothing says there was a problem with the actual advertising (poor photos, typos, not listed on re etc)

    The two are mutually exclusive (despite being related to the same agent)

    Answer this, if the agent had of lied to you, but you got a fantastic result - would you still be all up in arms?
     
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  2. shreko

    shreko Well-Known Member

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    Nope I certainly wouldn't be because he got the result.
    The photos and marketing was abysmal.. woeful.. however that's also no reason not to pay the fee- the contract agrees that the client will pay the fee no matter what.
    The problem I have is that he was trying to manipulate me, using dishonesty. and I want to leverage that into not paying the fee.
     
  3. Speede

    Speede Well-Known Member

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    This is the truth....once people get results they want...they don't care about agent being honest or dishonest...that's with most things anyway.
     
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  4. Scott No Mates

    Scott No Mates Well-Known Member

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    It's called 'conditioning' - sell you on the dream price then lower your expectations. If you've agreed to the marketing strategy you've swallowed hook, line and sinker.
     
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  5. shreko

    shreko Well-Known Member

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    Yes. I know. Every agent does it. You are not reading the question. The original price was lower than all others, and almost at a realistic figure. It wasnt the 'dream' price. It was the fact that he lied about market feedback.
     
  6. Trainee

    Trainee Well-Known Member

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    And about the only response that is anywhere near what you want is try it and hope they dont sue.

    Tells you something.
     
  7. shreko

    shreko Well-Known Member

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    Yeah I just thought I might get some responses that address the actual question with facts, laws, cases etc. Instead of some generic 'agents will usually condition customer with a high sales appraisal' which everyone knows, and doesn't relate to the original post. Never mind I will continue not think outside the square
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

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    If the agent had an undefendable position then it would be easy. Other than the contract outlining the conditions, all of the rest has most likely been done on the phone/in person (in most cases of dealing with the agent).

    Unless they have blatently misrepresented the services that they were providing, there is little you can do. Not achieving a sale price is not critical to the arrangement. The deliverables were the marketing, promotion, CRM/systems, negotiation skills, database of buyers etc which they have brought to the table (albeit with a lack of interested parties).
     
  9. shreko

    shreko Well-Known Member

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    Yep fair enough. The agency agreement is pretty much bulletproof..
    I guess just need to figure out if the principle is willing to sue.
     
  10. Perp

    Perp Well-Known Member

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    Lying - unethical behaviour - is good sales practice.

    That's presumably so long as it doesn't affect you?
     
  11. wylie

    wylie Moderator Staff Member

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    Have you told the agent you know he made up the client feedback?
     
  12. Stoffo

    Stoffo Well-Known Member

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    That's right, they won't.
    They will send you several letters of demand, when you fail to pay up it will all go quiet.
    Then you may get a letter from a lawyer for the debt and recovery costs
    Or the debt will be sold off to a debt collector also incl recovery costs, they will ring and ring, send letters and hound you.

    You were being greedy not taking the $1.2m, and not paying the marketing is likely your own subconscious trying to recover lost funds.

    Don't be a *#$¥, pay as you agreed to
     
  13. scientist

    scientist Well-Known Member

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    I'm more concerned about friend 2 and 3 - from your post it seems their call wasn't even answered. Why is the agent reporting to you they see interest at 900k or whatever?

    Anyway as others have mentioned, under law you don't have a leg to stand on, you've agreed to pay.

    However if you want out of this relationship and don't mind burning it, confront agent with his web of lies, offer him to not cause negative publicity in exchange for letting you go without paying the marketing (and also maybe ceasing the exclusivity period).
     
  14. Mws

    Mws Well-Known Member

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    That’s it just go to A Currant Affair they love airing a **** story ha
     
  15. Ran Gus

    Ran Gus Well-Known Member

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    So you thought you'd come on here and get some free legal advice? Or did you just want people to justify your desire to walk away from the contract? You already mentioned the agent won't sue you, so why are you wasting time?

    Here's a response: go pay a lawyer to advise you in relation to the contract you signed and the likelihood of you being released from it.

    But of course you won't do this, because you're a tightass who doesn't like to pay people :)
     
    luckyone, Perp, shreko and 3 others like this.
  16. shreko

    shreko Well-Known Member

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    Haha. too right mate. To me there aint no friends in real estate, only money. They want to be dishonest with me, I'll do whatever I can do avoid funding his wife's range rover.

    Anyway, thanks all, appreciate the comments and frankness, sorry if I've annoyed anyone.
     
  17. money

    money Well-Known Member

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    $1.25mil listing price and a very early offer of $1.2mil, why didn't you take such a great offer so close to the asking price? The agent got you a fantastic offer and you rejected it. Now you don't want to pay what you have agreed on because you were greedy.
     
    Perp likes this.
  18. shreko

    shreko Well-Known Member

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    Sorry I should probably clarify a bit there.
    The 1.2m offers were 8 months ago, I listed it with a different agent way back then. The agent at the time actually didn't tell me about the first offer, and then on the second one he convinced me not to accept. His appraisal was $1.45 - way overboard. He had absolutely no idea about the market and we were in no rush to sell.

    The by the time this new agent came on board, a few months ago, the market in this particular area is completely stuffed.

    The new agent can't even get a single offer or get a contract out. Since we've had him, I have had 3 offers by myself just through word of mouth. Again, I'm not in a major rush to sell, it makes good rent. If agents come running to me begging to try sell my house they better bring their A game.
     
  19. Paul@PAS

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

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    If you really believe the agent has not acted with your best intentions you need to consider a fair trading claim to have the contract terminated.

    The pricing disparities are in a slowing market and you didnt want to consider lesser offers. They will likely use that defence. Your dishonest use of friends may not actually assist your claim and their integrity as witnesses may be challenged.
     
  20. Perp

    Perp Well-Known Member

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    He has a bigger issue than that.

    The marketing costs are almost certainly a separate contract, with a separate party, to the selling commission contract, and he's not disputing that they've delivered what they said they would with respect to marketing, ie sign, ads, etc. Poor representation as an agent selling the house may be a defence to an argument for not paying a commission, but it's hard to see that it's an argument for not paying for marketing services - sign, advertising, etc - that you have clearly received.

    You can't say Person A performed Contract A poorly, so I'm not paying Person B for performing Contract B.