Agent Demands Deposit In Return For Vendor’s Statement

From Glenys Dolphin Melbourne Solicitor dolphinlaw@bigpond.com.au

I recently received an enquiry from a prospective client. He apparently inspected a commercial property in Coburg Victoria listed with an estate agency we’ll call “Tomato Paste Realty”.

When the client asked the real estate agent for a copy of the Section 32 Vendor’s Statement the agent demanded payment of deposit moneys before handing over the Statement. The client dutifully handed over a cheque for $30,000.00 and received the Section 32 in exchange.

The client then showed the Section 32 to a friend who had once worked as a secretary in a law firm. The friend advised the client or used words to the effect that ‘the wording in the S.32 did not seem right to her’.

When the client returned to the real estate agent he was advised that ‘given you have received legal advice there will be no cooling off period’.

Needless to say after a heated argument the client received his cheque back.