If i have paid a fee to cashflow cqpital and what they have is also on realesrate.com and i do my own research and negotiation do I still have to pay them a commission.?
no you dont, they (in 90% of cases) dont even have the listings. <moderator: edit>
I beg to differ. If they introduced you to the property they have a claim.
When you sign there is a section that asks "were you introduced to the property by anyone other than the selling agent?".
doesnt that depend which state you are in?
even if you were, if they dont have an appointment to act they cant put there hand out. This is for QLD anyway
The contract says if they introduce you to a vendor they have a claim, but if you have seen it on R/E.com as well as on their site, after paying the upfront free to look, they haven't actually introduced you to the owner. What is to stop you making an offer through R/E.com if the buyers agent hasn't done any negotiating for you?
The question a judge would ask is "would you have found the property on realestate.com.au had you not have been first introduced or advised where Cashflow Capital were recommending that CF+ sites were available?". "What proof do you have of that?" etc
But if a trust or a company which does not specifically show your involvement buys the property, they may be none the wiser.
The issue would remain, how do you prove that you were looking in a specific area prior to enlisting/paying fees to CC?
But you can give your point of view and explanations to support your claim.
OK, assuming that you have paid CC for access to their website – you are bound by the terms of their agency agreement (buyer's agency – not sure what CC do for you for the money that you have paid but obviously many people use them so they must do something). You have trawled their website & viewed the links to various CF+ properties (sure the addresses may not appear or the names of the shops/street numbers etc) but you have accessed their website to point you towards properties which they have identified as fitting your requirements.
If you then go ahead and purchase one of the properties identified (without having CC do the negotiations, confirm addresses, pricing etc), then they may have a slim chance of saying that CC had introduced you to the property (after all, unless you have erased your HDD & account login detail etc, there may be some trace of you having viewed certain properties prior to your purchase.
On the other hand, if you see that there are plenty of opportunities in Brewarrina, you might then do your own investigations on other properties located in the area without further reference to CC. In this case, there would be a very low chance of discovery by CC as there would be no record of you having searched these properties.
Shazfamily wrote:If i have paid a fee to cashflow cqpital and what they have is also on realesrate.com and i do my own research and negotiation do I still have to pay them a commission.?You will find that a lot of the property Cashflow Capital put up is advertised on the net by an agent. They are buyers agents and only receive commissions if they are selling for a developer. They are certainly not dodgy. I suggest you call the company and speak to them directly about this.
Regards
Alistair
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