Tag Archive: exclusive sale authority

Agent commission trap?

Posted on October 13, 2013 by | 0 Comments
Claudia Fiori knew selling her home would come at a cost, but drew the line at paying commission to an agent who, she claims, did nothing. Ms Fiori believes she was led into a trap of signing an exclusive contract with LJ Hooker’s Kathy Phillips when she put her Woodridge house up for sale. However, 36 hours after signing the contract Ms Fiori sacked Phillips. According to Ms Fiori Phillips allegedly agreed to terminate the contract. However,...

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Estate Agent Escapes Nation-wide Publicity On Unwarranted Commission Claim

Posted on September 9, 2013 by | 2 Comments
OPINION by Tim O’Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au     Six months after successfully settling a sale to private buyers, Paul & Janet Goodfellow were shocked to receive a solicitors’ letter enclosing a $14,355 invoice.  The solicitors represented Goodfellows’ former agent, Acme Realty.   The invoice was for Acme’s commission on Goodfellows’ sale to their buyers, John and Jill Scott. The letter recited that in May 2008 Goodfellows appointed Acme as their sole agent...

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Novice Real Estate Sellers Beware!

Posted on November 22, 2010 by | 5 Comments
OPINIONby Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au Sellers learn a costly lesson after making a private sale where the buyer was originally introduced by their estate agent. “All buyers are liars!”   An exaggeration, certainly. But experienced sales-people know you should always take with a grain of salt anything prospective buyers tell you.  Justin and Jane Johnson  did not doubt what their buyer said when they sold their home privately.  They believed him and relied (ultimately...

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How To Pay Two Commissions In One Sale

Posted on September 16, 2008 by | 5 Comments
OPINIONby Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au There is an old joke about Lady Cul de Sac.  She did not want the title, but there was no way out. Julie James (not her real name) did not want to complete the contract she signed to sell her investment property after she received a significantly better offer from another party.   When her buyer sued for specific performance there was no way out.  Julie had to settle....

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One Sale – Two Commissions

Posted on June 26, 2008 by | 3 Comments
by Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au   Carly Gillard was staggered, after settling the sale of her Northern New South Wales property, to find herself facing commission claims from two real estate agencies.  Her property had been listed with both agencies, but only one secured the sale.  She soon filed a claim with the NSW Consumer, Trader and Tenancy Tribunal to determine whether she was liable for two commissions and, if only one, which...

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