Cancelling Real Estate Agent

Sweet Potatoes on 05/05/2015 - 12:49

I have a dodgy real estate agent I have signed with.. that I want to cancel with however we have signed an exclusive agreement for 3 months. There is about another 6 weeks left. (QLD).
I am reading the contract and it clearly states under "Termination of appointment": Sole or exclusive: You may terminate in writing with 30 days notice, but the appointment will not be terminated until it has been in effect for at least 60 days."

I emailed her today to give 30 days notice, and she replied " the 30 days notice is applicable once we are out of exclusivity" - that is not what is says above?????

Anyone have any experiences?

Financial

Comments

  • the-mal on 05/05/2015 - 13:19
    +1

    Here's the Fair Trading info: http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owner…

    If you've quoted verbatim then it sounds like you're in the right. The appointment has been in effect for at least 60 days by the time the 30 days notice is up.

    I'm assuming what they mean is that you can't give them 30 days termination notice until 60 days have elapsed (which would mean 90 days all up, or the 3 month length of the contract).

    But the way it's written does sound like the termination can happen after the 60th day as long as you've given 30 days notice.

    Have you got someone you can ring for legal advice?

  • pinchies on 05/05/2015 - 13:19

    If the exclusivity contract period is over… Then you would not need to give any notice at all?!

  • hroothnoo on 05/05/2015 - 14:50

    Check with Fairtrading Qld in the first place as the rules may differ a bit from NSW. See https://www.qld.gov.au/contact-us/ for contacting them.

    Also be aware there might be a few 'gotcha' clauses in the current contract that can still bite even after you change agents. e.g. if the current agent introduces you to a potential buyer and you later sell to that person through another agent you might still be obliged to pay a seller's fee to the current agent. You should try to make sure all these types of loophole/gotcha clauses are closed out before you commit to a new agent - and make sure the new agent doesn't put them into the new contract!

    If you're not sure and Fairtrading Qld can't answer all your questions (for free) then I suggest you pay for some legal advice - its got to be way cheaper than getting ripped-off by a dodgy real estate agent down the track.

  • shadowarrior on 05/05/2015 - 15:38

    Let me quote your first words. "I have a dodgy real estate agent". Report to Fair Trading (now qld.gov.au) about the agent's dodgy ways, and if they are against the real estate agent's principles and regulations outlined by the government, then you have every right to walk away from the contract. Just like a real estate agent can terminate a seller's contract if the seller keeps asking them to do something dodgy.

  • rxjb on 05/05/2015 - 16:09

    Could you decline all offers submitted and/or set an auction reserve which cannot be met?

  • zolinger on 05/05/2015 - 16:19
    +1

    Actually it means that while your contract is signed between for 90 days you can leave after 60 days provided 30 days notice is given. See for special conditions. If that is it, Agent has been deceitful

    • Sweet Potatoes on 05/05/2015 - 18:54

      Thank you yes, this is what I finally understand it to mean. What do you mean by the last sentence?

      • Settero on 05/05/2015 - 18:58

        you could try weasel out even earlier as the agent has shown incompetence in understanding simple contract which , is of grave concern when you are selling your house.

        • zolinger on 07/05/2015 - 19:50

          Special conditions are conditions that can be attached to the initial Form 6 that gives both the seller (you) and real estate agents assistance when a buyer is uncooperative e.g. defaults on finance. Each agency might use a different version but special conditions can change the clauses of your contract to leave you and the real estate agent in a stronger relationship. Sometimes this is good but at times this isn't. I'm in Property Management but a Sales agent might be able to give you a better explanation.

          As for your comment earlier, I can't speak for the agent him/herself but it wasn't right to give you the "lowest price" or to push you to amend your selling price (unless it's unreasonably well above market price from the CMA). A property doesnt usually sell for more than market price unless there's some special features about it e.g. early Queenslander/Colonial (and often they're in need of restorations). Since the agent has acted brutishly, if I were in your position, I'd either write a notice formally or consider seeking a solicitor to prepare something along the lines of, terminating this agreement… and send it to her with date stamped or consider talking to the principal. Then you have evidence to terminate the contract after Day 60

          Might I ask how you found out the daughter of the agency's owner was involved? If you are in need of a good real estate sales agent, I might be able to recommend a few hardworking ones who are successful because of their stellar service. But with respect to the forum, I'd only offer their names through PM and then again, you'd have to speak to them and judge for yourself.

  • sparkles on 05/05/2015 - 16:20

    Up your asking price to an amount they have no hope in achieving and thus getting a sale. They might be happy to be rid of you then. Would this work? ie. be dodgy back at 'em.

    • zolinger on 05/05/2015 - 16:21

      It wastes OP time. Threats is more easier since the agent has acted dishonestly. Its people like her who bring down our entire industry

      • Sweet Potatoes on 05/05/2015 - 18:58

        The agent got us offside right at the start by pulling some 'conditioning' stunt on us to try and get us to take an initial offer that was lower than we wanted, by getting the daughter of the agency's owner to put in a really low offer and proceeded to put on a song and dance about how they pointed out this and that that was wrong with our place. We didn't know what she was doing at first but it was all obvious once we understood. Since then she has been slow with responding to us and not at all proactive, so we are keen to get someone better. Its probably nothing out of the ordinary for an estate agent but unfortunately we cannot trust her at all now.

  • Hotpotcorn on 05/05/2015 - 16:46
    -2

    name and shame the agent!!!!

  • DARK KHAOS on 06/05/2015 - 07:44
    +1

    Ask her to let you go and tell her why. If you have no joy then talk to the principal of the agency.
    Then all parties sign an "AGREEMENT TO END AN APPOINTMENT OF AN AGENT" form.
    It is important you do not engage another agent until you have this form signed otherwise you could be paying 2 commissions when the property is sold.

  • Peck on 06/05/2015 - 12:29

    Considering that there is only 6 weeks left, I certainly would not sell it privately or through another agent during that 6 week period, otherwise your 'dodgy' agent just 'might' and I repeat 'might' have grounds to go you for commission too. Also seek advice to make sure that the purchaser was not introduced to the property by the 'dodgy' agent or they also may go you for commission.

  • rompastompa on 06/05/2015 - 12:37

    Do the 90 day contracts automatically end? Or do you need to sign another one after 90 days? Do you have to give them 30 days notice, even after the 90 day contract?

  • 1bug on 12/05/2015 - 11:23

    If you want ethics in real estate, use a Jenman Approved agency (if available in your area) after your current agreement has expired…

    http://www.jenman.com.au/BS_Sellers.php

    • donbot on 12/05/2015 - 11:56
      +3

      Ethics in real estate? When did this happen?

      • Foxtail on 12/05/2015 - 12:58

        They don't rank highly..

        http://www.yourinvestmentpropertymag.com.au/news/do-you-trus…

      • 1bug on 12/05/2015 - 13:02
        +1

        Neil Jenman has been campaigning for ethics in real estate for about 20 years. He started the Jenman Approved accreditation for real estate agents.

        I used a Jenman Approved agent to sell my house about 5 years ago, and will use another if I decide to sell my current house.

        Jenman has written a number of books:
        http://www.amazon.com.au/s?_encoding=UTF8&field-author=Neil%…

        If you're selling a home, you can get a free copy of his "Don't Sign Anything" book. Even if you don't go with a Jenman Approved agent, it's worth the read:
        http://www.jenman.com.au/ad_free_dsa.php

      • rmamila on 25/05/2015 - 22:44

        After my personal experience with buying a property I would never trust an agent for anything that comes out from their mouth, unless it's a written and signed document. I've had some bad experience that they tell lie after lie until you sign the initial contract and after that only the once they gave in writing stands and every other information that contributed convincing is just lies.
        I still don't have any experience in selling but my mates went through really bad experience and told me that it's a real pain going through that period just because of the dirty tricks that realestate agents play. A mate told me that the biggest problem is to understand which side the agent is (seller or buyer) and you never know when they switch the sides.
        Hope there will be some code of conducts and ethics will be pushed into this industry and enforced by the authorities one day.

  • 1bug on 15/05/2015 - 18:51

    Another example of unethical behaviour by real estate agents:

    '90 per cent' of inner Sydney agents deliberately underquoting prices: agent
    http://news.domain.com.au/domain/real-estate-news/90-per-cen…

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