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Very shonky agents and vendors

Last post 10-23-2008, 3:42 PM by Peter Mericka. 2 replies.
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  •  10-07-2008, 4:25 PM 4079

    Very shonky agents and vendors

    Some people really want to watch what they say and do, especially if they are a high profile, and banned agent,  on the Gold Coast.

    Come on, don't change a contract after its been signed, especially deleting the commission, and then inserting NIL if you take cash for a reduced commission with the intention not to declare; the ATO is going to love you.

     Now all agents and solicitors know that to waive a cooling off time, you have to have a certificate from the buyers solicitor, but it seems not to be the case with this agent.

    Not declaring an easement speaks for itself.

    But, selling a property, then insisting the deposit cheque go in the vendor's name and not into the agent's trust account conjures up many questions, maybe many of these questions will relate to the reason behind the contract being changed, and it certainly substantiates the claim that it was to be a " cash " deal.

    Then we have the buyer terminating the contract on all the above grounds, and what do we get, we get the property back on the market with a number of agents before a reply, and then when the reply comes in, it's no to the termination and for the buyer to adhere to the contract.

    Seems that they vendor is farming the property around and saying if he gets another contract higher that the first one, he will terminate the first one and give the buyers money back; great shades of gazumping.

    It's actually very hard to work out who is lying the most, the agent or the vendor.

    Your comments please.

  •  10-23-2008, 12:43 PM 4132 in reply to 4079

    Re: Very shonky agents and vendors

    Its hard to believe there are still agents out there like that with all the regulation in QLD

    I had one client last night who is being hounded by an agent to withdraw an offer which it appears they have not presented and thus no countersign - the client wants to keep in negotiations but the agent is not playing ball????? One thinks that they have another offer coming through from another party but they are a failing to recognise this client is wanting to negotiate

     

    Whats wrong with some agents ? One would think that they would be experienced enough to follow through the negotiations and we are powerless to help this person or the vendor due to the listing agreement.

     

     

     

  •  10-23-2008, 3:42 PM 4134 in reply to 4132

    Re: Very shonky agents and vendors

    Only yesterday I had the frustrating experience of having advised a client to delete a couple of unfair conditions from a contract, only to have the estate agent refusing to "allow" the purchaser to submit his offer the way he wanted to, and then after referring the matter to the vendor's lawyer (that's right a lawyer, not a conveyancer) the lawyer wrote to us to say that the estate agent would be handling all matters associated with the contract.  For goodness' sake, the lawyer drafted the conditions in the contract, the estate agent doesn't understand them, and yet neither the lawyer nor the estate agent will allow the purchase to submit his own offer on his own terms.  And does the vendor know that he's likely to lose a sale over this unfair but unnecessary contract condition?  No, I don't thins so.
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