All Topics / Help Needed! / Agent complaint

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  • Profile photo of ToolsTools
    Participant
    @tools
    Join Date: 2003
    Post Count: 363

    Who do I complain to in Victoria about the conduct of an agent who is not a member of the REIV?He was my agent 12 months ago for an IP sale which he couldn’t sell.I now have it listed with another agent who rang me today and said that he has a buyer but the buyer has seen it advertised by the first agent,for $5500 less than what I was asking ! What a cheek,seeing as they don’t even have an authority from me!

    Tools

    Profile photo of MartineMartine
    Participant
    @martine
    Join Date: 2004
    Post Count: 38

    Hi Tools
    The best I am currently completing a real estate agents course in Victoria for my own interest and in the documentation they state that minot disputes are settled by Consumer affairs victoria and they will alert the agent of the problem and how it can be recified, and they will continue to monitor the agents practices. The other authority to contact is VCAT (Victorian civil and adminsitrative tribunal. It seems as though your agent has breached the Estate Agents Reglations 1997 Regulation number 17.
    Hope this helps
    Martine

    Profile photo of ToolsTools
    Participant
    @tools
    Join Date: 2003
    Post Count: 363

    Thanks Martine,

    I complained to the estate agent resolution service at consumer affairs,but it was a waste of time.They did speak with the agent concerned,but it seems he was able to do what he did because of the small print on the sale authority.The authority was for 10 weeks,and you would expect (at least I did) that at the end of 10 weeks,the contract was finished,unless another was signed.However,the small print on the back says “If the property is not sold during the authority period,unless the vendor advises the agent in writing to the contrary,the vendor appoints the agent to sell the property”.I don’t understand what the difference is.The sale authority is aa REIV non member form,but I don’t know if this clause is standard.I only have a faxed copy,and the print for this paragraph looks different to me.I don’t even know if this was a part of what I signed,as I am usually quite dilligent before signing anything.Maybe I should check it with the REIV,although as he is not a member,there isn’t much they can do.But anyway,let this serve as a warning to others who may switch agents after an authority has run out,to make sure you cancel the authority in writing!

    Tools

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    It looks like the small print has you.

    Just send a fax advising the former agent you are withdrawing the right to sell your property.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 4 posts - 1 through 4 (of 4 total)

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