Real Estate Agent Spends Landlord Money without Authorisation

LPhil N on 27/04/2017 - 02:48

Guys, i have a property managed by real estate agent interstate.

Tenants left the house damaged and I got sent bills by agent for thousands of dollars without having been asked for approval of works at all. Also they hid the bond of 2K from me for several months until I asked several times and said would take things to Consumer affairs if they dont reply. They said it was spent on cleaning, though they had never told me about it. All of this is against the contract between us.

I requested the money back but to no avail. Does any one have any experience like this and would like to advise how should I proceed from here? Will legal fee too high?

Tenants were antisocial, subletting around 20 people, and were damaging my house and spoiling the atmosphere in the neighborhood with rubbish in the street full of maggots. Police came at least twice a week for the whole year. Real estate agent was complained to by neighbors several times but never responded and did not let me know. Eventually neighbors told me about it and I asked agent but she sent me a beautiful report that nothing was damaged, two months later when tenants left I got told the house was damaged and insurance paid only for the rent loss as they said it looked like the damage was wear and tear, despite the beautiful report just 2 months earlier. NOw I dont have money to pay for the rest of the repairs and cleaning. The new agent also did not rush to advertise the house for 6 months now. What is the chance of suing the agency for the damages?

Thanks in advance.

Home & Garden

Comments

  • supnigs super skids on 27/04/2017 - 02:56

    What agent is this?

  • Phil N on 27/04/2017 - 02:58

    Elders

  • garetz on 27/04/2017 - 03:23
    +4

    Gesus, you were really taken for a ride, consult a real solicitor asap. You paid them for a service that they obviously did not supply, you could sue them for out of pocket damages, and maybe even have them pay for your solicitor fees. However you have a very heavy burden of proof on you.

  • Phil N on 27/04/2017 - 03:32

    R real estate solicitors not lawyers but those who help house buyers or sellers?

  • kipps on 27/04/2017 - 05:42

    Sounds like you have a good claim against the agents. Keep records. See a solicitor with expertise in litigation.

  • MITM on 27/04/2017 - 07:39

    That "beautiful" letter is going to come in handy.
    You'll need a copy of all the receipts for "$2000 cleaning"

    Where is the property - Boganville ? Good growth area ?

  • ChickenTalon on 27/04/2017 - 09:26
    +6

    Hello dear member for 6hours. Wtf have you been doing?!?!

    This is now 18+ months since the bad tenants moved in and 6+ months since they moved out. Have I calculated that correctly? You never requested pictures and a full property inspection after they moved in? and then one at 6 months into the lease? The agent never took photos??? Subletting to 20 people… that's very difficult to hide.

    New agent not letting it for 6 months? YOU HAVENT BEEN ON THEIR CASE EVERY WEEK??? You said you're so strapped for cash you can't pay for any repairs or cleaning, but you've a property sitting there for half a year empty? riiight.

    It's your investment, look after it. Take control.

    • godofpizza on 27/04/2017 - 12:37

      why would you left a rental vacant for 6 months? unless the damage was so bad it was inhabitable, do you have land lord insurance to make claims for lost income?

  • BargainCowboy on 27/04/2017 - 10:31

    Never trust real estate agents. We're talking about uneducated folks who are trying to make a quick buck. Think about it, it takes nothing to become one. Either go with VERY reputable ones, or just do it yourself. But yeah, more to the point, definitely sue!

  • wei13 on 27/04/2017 - 11:11

    Maybe can call up legal aid. I was under the impression they can provide or refer you to real estate solicitors which can provide some initial legal information for free.

  • Gronk on 27/04/2017 - 12:43

    Not going on the offensive here, but it sounds a bit like you've been a bit 'hands off' right up until the stage you realized something was wrong.

    Your agent should have been forwarding you regular rental inspection reports, here in VIC it's every 6 months so if you weren't getting these that's your first alarm bell that the agent isn't doing their job.

    To be fair, the agent can't 'hide' the bond, it's held in trust by the RTBA but you should have been notified that the tenant was leaving so that you could make a determination as to whether you wanted to apply for part of the bond to be withheld for cleaning expenses.

    Long story short, it sounds like the agent has dropped the ball (seems rather common these days) and is telling you any story to get you off their back.

    Go seek legal advice.

  • Typical16-bitEnjoyer on 27/04/2017 - 12:57
    +1

    Sounds like only half the story. Brand new throwaway account. Stated facts don't add up.

    Get out.

  • Phil N on 27/04/2017 - 17:20

    Thanks guys, I will ask a few lawyers to see what they say

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