Has anyone ever sued their agent?
my agent has diplayed gross negligence, such as:
– failing to erect signs for open home
– failing to highlight the homes features when walking through
– failing to turn up to an open home
– failing to run an ad in the paper
– failing to change marketing when client complains
– turning up 15 mins late to open home
– planned holiday on the very day auction was scheduled
– advertising a 2 1/2 week auction campaign when the client requested a 4 week campaign
– failing to include open home times on internet ads
– telling the client there were no bids at auction when there wereand I could go on and on…….
do I have a case?
oh…….and this agent claims to be #3 in QLD!
Crashy,
Doesn't sound like agent of the year material. What a nightmare.
Martin
Wouldn't it be interesting to hear your explanation as to why you hired that agent.
Why you didn't seek to terminate the agreement (if any) when the agents performance didn't meet your expectations.
There are plenty of agents out there to choose from.
Don't be impressed by titles and claims to fame get a list of the agents last 10 sales. Contact the clients and ask them first hand how the sale went. If the agent struggles in any respect to provide you with the list don't employ them.
It's an employment relationship, you interview, you hire and if they don't perform like an employer you've got to consider how did you contribute to that situation occurring. And, you sack them and hire someone else who can get the job done.
Sorry its a tough line to take, but just sack them and move on. The "I hired a dud agent" line reflects more poorly on the seller then the agent , trully, really and simply.
But, finally if you have a really valid beef with an agent you could always ask them if they are members of the state based REI and make contact with them for further consumer advices. That an important interview question to ask "Are you a member of the REI". Mediation services are on offer, you would have to think about needing to go down this path to have fully sort a remedy/mitigation prior to going to court.
Maybe you could hire yourself to sell the property, you seem to be pretty clued in to what needs to happen. Save yourself $10,000 or more and DIY.
Final point, when selling always get a min of 3 agents to appraise/interview for the job of selling your property.
Does your contract cover these sorts of things?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Crashy, in future sign 4 wk contracts only. If they say they only do 3 mth contracts say tough i only want to sign for a month. If Bris is running hot and properties are selling in 1 week why would you sign for any longer? That will get them working!!! Linda
millions wrote:Crashy, in future sign 4 wk contracts only. If they say they only do 3 mth contracts say tough i only want to sign for a month. If Bris is running hot and properties are selling in 1 week why would you sign for any longer? That will get them working!!! Linda60 days max in QLD for appointing an agent.
Did they end up selling the house?
was difficult to fire the agent as it was an auction.
no, house didnt sell. however, another agent in her office managed to get a contract this week.
firing agents is all well and good but how does it look to the market?
was a 60 day term, she argued this was needed in case the house wasnt sold at auction.
crashy wrote:Has anyone ever sued their agent?my agent has diplayed gross negligence
I'm no legal wizard, but on the face of it I doubt you'd have a case for gross negligence…. the legal definition being something along the lines of "carelessness in reckless disregard for the safety or lives of others, which is so great it appears to be a conscious violation of other people's rights to safety".
So what then? Are you going to sue for default under the terms of the contract? What were the terms of the contract? If "erect [ing] signs for open home", "highlight[ing] the homes features when walking through", "run[ning] an ad in the paper", "change[ing] marketing when client complains" etcetera were not specifically included in the contract, you'd probably have difficulty making a case on those points.
You seem very keen to sue. On another thread, you seemed keen to sue over the illegal construction, on another thread you (initially) threatened to sue me for 'libel'… What's this about?
Cheers, F. [cowboy2]
you are right there, you are no legal wizard.
as usual, you stick your head into matters that dont concern you, for the sole purpose of ridicule and boosting your own ego.
crashy wrote:you are right there, you are no legal wizard.as usual, you stick your head into matters that dont concern you, for the sole purpose of ridicule and boosting your own ego.
You asked the question! And I agree, I am no legal wizard. But I've spent enough time with legal people to know that it's best only to pursue legal action when (a) you're pretty sure you'll win, and (b) the money gained will exceed your legal costs. Running to court every time something doesn't go your way is a pretty expensive way to vent your frustration! Seriously.
Cheers, F. [cowboy2]
Hi crashy
do you have any hard evidence of all these points of misconduct (written, photographic or video etc.)?
If not, they will see it as your word against theirs and you don't have a case.
A civil administrative tribunal avenue may be the best option as they will hear your case (state REI or VCAT etc..) for little, or no cost.crashy wrote:Has anyone ever sued their agent?my agent has diplayed gross negligence, such as:
– failing to erect signs for open home
– failing to highlight the homes features when walking through
– failing to turn up to an open home
– failing to run an ad in the paper
– failing to change marketing when client complains
– turning up 15 mins late to open home
– planned holiday on the very day auction was scheduled
– advertising a 2 1/2 week auction campaign when the client requested a 4 week campaign
– failing to include open home times on internet ads
– telling the client there were no bids at auction when there wereand I could go on and on…….
do I have a case? oh…….and this agent claims to be #3 in QLD!
Put simply you have no case for "gross negligence". Sure the agent has failed to do a lot of things. Communicate your disappointment to the agent, & if they don't fix it, & you're so annoyed by it, sack the agent. I work in the R/E industry & agents do this a lot & if a seller doesn't like it they'll get another – no big deal! The way you were reacting, I'd think you were a lawyer wanting to prosecute everyone for every conceivable thing. Get over it & get a new agent!! I mean; big deal if they turned 15 mins late for an open home; big deal if they failed to put open home times on Internet Ads. Like I said; get a new agent!
My Thoughts: To sue for damages you will need to prove how this agent's actions lead directly to you losing money and how much.
My experience: Going through the legal system will use up a lot of energy (likely more than it is worth). You have to decide if the emotional cost is worth it. Or, would you be better off using it as a learning experience, and moving on to the next deal.
I would however report the agent to what ever board or society they belong to.
crashy wrote:you are right there, you are no legal wizard.as usual, you stick your head into matters that dont concern you, for the sole purpose of ridicule and boosting your own ego.
Aggressive as usual, are you on steroid or something ? You should watch your manner on this forum and stop abusing your fellow property investors. As to taking the agent to court, you'll have a hell chance of winning. Agents are there to earn a living. Don't accuse agent ripping you off, you should have done your homework before you signed him up !!!!
by the way stop whine and moan and accuse land reps of incompetence, if you don't like using them sell the house yourself or don't sell at all !
Hi, lots of angst here! Foundation is an old hand & I'd take his comments very seriously.
Speaking for myself, why waste all the emotional energy on time consuming legislation?
My manager didn't do very much & I stuck with him for 24 months. Things got nasty, we both agreed to part company, I appointed a new manager, 1st priority was to call in the bailiff! We got our rent arrears, a bad tenant is sent packing, we have a new tenant lined up, the rent has been put up 15% and we move on.
I didn't say the word "negligent", my ex manager did. He actually said, "I'm sorry if I've been negligent."
He's a nice man, too nice. Why sue him?
Have a good day,
Kum Yin
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