Real Estate Agent Pressurized to Bid at Auction and Provided False Information

Hi All,

Here is the long story short and advice is needed for my friend who is under significant stress at the moment…

My friend went to an auction and was tricked into bidding by the real estate agent who showed him the reserve price which was significantly higher and told him that if his bid was highest, he would have the first right to negotiate.

I asked him, why did you bid? The answer was he liked the property but had not got the inspections, pest control etc as this was the first time he was visiting this property and since the agent told him that the property would pass and then he can get all these things done later so he made a bid.

To his surprise, agent came back after the discussion with the vendor and said vendor is happy to sell at that price and he didn't knew what to do then.

So he walked off and did not signed any contract and feels cheated and also doesn't want to proceed with the property. Now as expected he is getting calls from the agent threatening all sorts of things.

Looking for advice from someone who is knowledgeable in this field or has gone through this before. Property at auction was in NSW.

Thank you in advance.

Edit: Many thanks for your responses. Below is some more information that I have gathered from him and advised him to get legal advice on this.

He reached the auction 10 minutes late, the intent was just to gauge the market sentiment and whilst the auction was paused(as no one was bidding above the x amount, there were at least 3-4 bids that has already been placed) as no one else was bidding; he decided to have a look at the house bedroom's(everyone was standing in the living area) but the agent told him that he cant inspect the house without registering and this made him register for the auction. Whilst he looking around, 3 agents kept on following him and telling him how good the house is and all the other things that they normally would do and kept chasing him up to place the bid to which he said no to multiple times citing reasons as aforementioned. He was then shown the reserve price and told that he could decide later whether to buy the house and get all the inspections done if he was the highest bidder as the house would pass under the reserve which he believed and placed the bid and too his surprise the agent came back and said vendor has accepted his bid and the property is sold to him to which he got frustrated and walked out.

Edit 2: Thank you all for your inputs; he contacted lawyer and has been advised to relax as lawyer is pretty confident that there are too many mistakes that the agent has done where legally agent might get into trouble if this goes to court. few of them he told me are reserve price revealed in private, misrepresentation of information to trick the other person and he also told him that if the agent continues to call or threaten then he can be sued for harassment.

Edit3: Thank you all for your valuable inputs.Property has now been sold to the second highest bidder and REA sent a text message to my friend to pay the difference. My friend has now decided to take this up and these real estate agents in the court.

Comments

  • +6

    Unfortunately he never had to bid
    He didn't have to attend
    he wasn't forced to make up a price
    the fact that he felt pressured is merely an excuse

    Yes Real Estate Agents are predatory and pretty much the scum of the earth, but that doesn't excuse the fact that your friend attended an auction and bidded.

    Never go to auctions with an emotional investment in the purchase, you end up making rash decisions.

    Now unfortunately its on them.

    They may be able to negotiate out of it for a fee.

    • +5

      Yes Real Estate Agents are predatory and pretty much the scum of the earth, but that doesn't excuse the fact that your friend attended an auction and bidded.

      +1 just for this.

      Don't even go to an auction if you don't expect to buy. Just go to private sale open houses if you want to check what is around and check sold data. At auctions be prepared to have nerves of steel. No shortage of emotional people around ripe for a mugging. Muggers in suits and tie. Be especially careful of slick REAs in flashy new BMW and Mercs. Usually it just means they are good at muggings.

      • Usually means they are leasing…

  • +4

    Head over to www.beforeyoubid.com.au for an urgent pest inspection report. ask if it can be done in 24 hours. I've used them before and they're great - they do these reports at the start of the sales' campaign.

  • +7

    I'm fairly certain that the real estate agent's contract is toast if we apply the principles of contract and can prove there is a misrepresentation.

    Notably there is no intention to enter a contract, as the representation was made to ensure that they have first priority in negotiations. You only need to prove on a balance of probabilities that the misrepresentation existed which could be as simple showing that the price was grossly above the market value. If your friend got it for a fair price, then it might be harder to argue.

    There may also be some sections of the Property and Stock Agents Act 2002, which the agent has breached. I'm currently working on a social security case at the moment, but I'll give this some time.

    • Thank you @AntifaBriggs. Here are few more details on what I discussed with him now…
      Price advertised was 20% less than the reserve price and he placed a bid for 10% less than the reserve price which was 2K higher than the previous highest bidder just to get some time and think and negotiate and get all the reports done.

      • Not sure under division 5, point 52 could be applied here

    • -3

      Not sure under division 5 if point 52 could be applied here…

      • It's an interesting read, and the truth is that it's so multi tiered you'll never know;
        The answer being "It most likely is".
        Problem with articles like that, is that they have an agenda, they want to make westerners feel bad because an emotional story sells well.

        If you read that article with a bias alarm switched on in your brain, the entire point is missed.
        Kids are sent there by their parents to 'find money'.
        They lie about their age, just to work.
        They want to go to school, but 'cant' (money probably).

        Also, the article points out they make roughly "Only $5 per day"; it's a US article, and if you've seen (even in a simple documentary) what $5 USD can do in those areas? That's "actual money", and there's a reason the workers stay on (I'm sure for some it's 'no option', but logic suggests there's more).
        That particular article even has one kid 'clearing a space for his own farm'.

        I'm not suggesting this is OK or good at all;
        far bloody from, but I've been involved in setting up call centers in poor countries in the past, and a "middle class" wage (for an area) is actually hugely beneficial to the local economy. You just have to hope like hell, that's whats happening. Not just the boss taking a 95% cut.
        You can't control that :( Wish we could; it would solve a lot (it's the one area where communism or socialism might work, if human corruption didn't exist; but it does, so it won't)

        You won't find an article in the west that's not bias.
        "Poor Africans" is good selling news, and "We'd never do that" is good company PR; nobody has an interest in showing the reality.
        You just have to apply some personal filtering if you've ever visited a 'poor country' or one that has a true slum-class.

        Child labour is bad. Very bad.
        No education is bad, Very bad.
        But what is likely worse, is losing your job in a town where the only key industry big enough to hire anyone is forced to downsize.

        I believe parents are parents; no matter where you go, or where you come from.
        For a parent to send their 10yo kid to "find money" is (hopefully) a last resort.

        Your best chances to actually help people, are NOT to attack their only income stream, but to try and find local (to them) charities to donate to, see if you can find (or start?) a group that will push governments to force a minimum wage, or punish exploitation of working age (as it's already illegal).

        But they're capitalist, and nobody's going to force these multinationals (who trade publicly) to sacrifice their revenue at multiple tiers, in order to trickle the pay backward.

        Hell, you have a hard time telling well-off Australians the medicare contribution is going up by a few decimal points; imagine trying to do that on the billion dollar scale, with investors wound in?

        That article really only does one thing; proves the 'rainforest alliance' is on the ground in that area; perobably a good place to start supporting the area if you feel the need, and trust THEIR donation stream is legitimate; half the western charities "pay well"….

  • My friend went to an auction and was tricked into bidding by the real estate agent who showed him the reserve price which was significantly higher and told him that if his bid was highest, he would have the first right to negotiate.

    Was the "friends" Bid Price very high OR close to the reserve price shown by the REA?

    The answer was he liked the property but had not got the inspections, pest control etc as this was the first time he was visiting this property

    Is the problem that the friend believes they may have paid a High Price? OR the property may have other problems? OR just worried that there is no cooling off period available.

    To his surprise, agent came back after the discussion with the vendor and said vendor is happy to sell at that price and he didnt knew what to do then.
    When the REA came back, did they not mention that the property was on the market and asked for further bids before the fall of the hammer? Did the friend try withdrawing the bid after the REA came back but before the fall of the hammer?

    Try to contact a lawyer for proper legal advice. Quick search gives either of the 2 situations is possible. So unless the details of the event and the following sequence is clearly understood it would be difficult to provide accurate advice.

    https://www.lawyersconveyancing.com.au/real-estate-news/when…

    https://www.lawyersconveyancing.com.au/real-estate-news/auct…

    • I had been in conversation with him for last half an hour to understand the complete details. So here it is - price advertised was 20% less than the reserve price and he placed a bid for 10% less than the reserve price which was 2K higher than the previous highest bidder just to get some time and think and negotiate and get all the reports done.

      • +4

        And then? They went back and lowered the reserve and put the property on the market, based on your earlier comment? Doesn't that mean the agent didn't really misrepresent anything, the situation just changed afterwards?

        A bid is a bid, sounds like they bought a house. On the upside, they thought they were going to have to negotiate! Now they can have the house for what they bid and no more. Lucky them. Better get those inspections done ASAP though.

        • It is currently showing as sold at the price which my friend had put in a bid for which is interesting…To make things a bit more complicated it is showing as sold since yesterday but my friend got a call from agent today…hmm

          • +7

            @guru123: That's because it IS sold, to your friend.
            Your friend legally purchased the property and has to pay for it now. End of story.

          • @guru123: If the auction was today, then yes it's fishy.

            However I suspect the auction we before today (probably on Saturday) and it sold to your friend. So yes, they are now chasing it up as your friend didn't pay the deposit that was supposed to be paid after the auction.

      • +4

        "he placed a bid for 10% less than the reserve price which was 2K higher than the previous highest bidder just to get some time and think and negotiate and get all the reports done."

        Unless he was going to get those done before the hammer came down then he's SOOL and just bought a house.

      • Reserve isn't fixed though. It can change at any time.

  • +16

    IM about to sell -can you give me the agents so I can use em.

    Thanks

    • +1

      Maybe just ask him friend to attend and say it will be cheaper and get him to bid on yours while he's out shopping for houses.

  • +2

    Your friend will probably regret this a couple of years from now when the value of the property has increased by 30%.

    • 2 years and only 30% gains, that's so low

      • +1

        What suburb are you living in?
        Median annual growth over the past 25 years has been 6-7%

  • +1

    It's Buyer's remorse.

  • +2

    Well, this doesnt sound right. Why would your friend bid during the auction day if this is the first time to visit the property as he is required to register before able to bid. And it seems illogical if he will become the highest bidder.

    Did he in fact win at the auction or it is just past in? This is different.

    I would suggest to involve a lawyer to actually describe your situation. Whatever you have written here doesnt really reflect the real situation.

    Possibly the best advice here is to consult with a lawyer.

  • +9

    On the bright side, your friend just saved himself a heap of money on inspections and reports etc.

    • On the flip side, his friend should hope that he won't have to fork out money due to pest infestations, structural issues, and other issues…

  • +1

    I LOVE auctions, it has been the best way to sell real property in my experience - unless one owns a unique higher end property where an EOI might work.

    As a buyer and seller - the auction process is amazingly transparent. You turn up one day, everyone registers, and bids until there is one winner. No fluffing around in private treaty or negotiating privately where there is much less transparency.

    The key is being prepared - learning as much as you can from those who have been, watch Youtube videos on the auction process, turn up at auction events and watch the action unfold from the cues the agents utilises, to the participants. When to bid, when not to bid and why.

    Agents love to pressure, they approach and say if you do not bid now, you might not get the house. They hate me because I knock them back and tell them "I have it all under control" and before you know it, I sign my money away.

    Love, love, love auctions.

    • +4

      that's a good answer "have all under control'

      they have prepared answers to everything else….but not some random answer

    • +2

      Thanks, i had a laugh.

  • +3

    I don't get the "tricked" part. Why did your friend bid at an amount he is not happy with?

  • +2

    I do not understand what your friend was trying to achieve by going into negotiations if the auction passed in. Did he think he could negotiate the price down? By how much? It's usually the other way around during negotiations. The price is between your final bid and below the reserve.

    For the sake of my question even if he thought he could drive the price down how much was he thinking to drive it down by?

    Your friend liked the property and had the winning bid? Why can he not just go ahead with the sale?

  • this was the first time he was visiting this property and since the agent told him that the property would pass and then he can get all these things done later so he made a bid.

    Property won't sell so bid anyway and then get the inspections later? wat

  • +2

    How was he misled - He bid a price he was happy to buy at, the seller accepted. Case closed?
    If anything he should be happy he doesn't have to pay more during the perceived negotiation.

  • +10

    So what's the problem? He got a house cheaper than what he was expecting to pay. Unless he thought the vendor would negotiate lower than his bid if passed in lol. Wtf is wrong with some ppl. I exercise more due diligence choosing a cafe

    • +9

      Yep, it makes little sense.

      Auctioneer: "Just bid, then you can negotiate to a price you're happy with."

      "Friend": "OK! So the reserve is $1mil, I'll bid $800k, with the hope the seller may negotiate down to $900k, maybe even $850k if the seller is desperate and I'm lucky!"

      Sold for $800k!

      "F this, I'm outta here."

      ??

      • +1

        lol yea pretty much amateur hour…It's scary that this sort of stuff (i.e people not planning/thinking/emotionally bidding) is not uncommon and in many ways is partially responsible for pushing prices up for the entire market. People playing fast and loose with a million dollar +++ investment and them some of them crying foul when it all falls apart and the big bad banks come after them. Of course I'm not talking about this particular case.. /rant over.

        • I was just wondering how many people get cold feet after they’ve won an auction.

          • +1

            @Ghost47: I get cold feet in winter. Especially without socks.

            Auctions are terrible for emotive buyers. Just stay away from them.

          • @Ghost47: 'Buyer regret' can apply for any purchase.
            At least with an auction you (should) know that you are stuck with the purchase regardless (or losing your deposit if not willing or able to settle).

            • @GG57: Of course, obviously that isn’t always the case though, so I’m wondering how many people have felt the same as the OP’s “friend”.

  • Putting all the drama aside, what is wrong with the house that is making your friend not proceeding further?

    Does your friend feel they have over paid?

    Or is it because of the auction process they felt misled?

    Is the house actually nice and "worthy"?

    If the final price is 10% within reserve, without knowing the numbers and location, it still appears reasonable, provided other comparable houses on the street/area is within that 10% range.

  • +9

    It sounds like what he really wanted to do was have the highest bid so that when the property was passed in he can make an offer which is subject to a building and pest inspection.

    The agent allegedly made him believe that this is what was going to happen but the vendor ended up dropping the reserve price, no other buyers made a bid, and he unexpectedly won the auction. He no longer has the option to walk away if the building and pest inspections are not satisfactory and he is not happy about this.

    • Ask the other bidders for a pest report

  • Your friend would have registered for the auction and agreed to the T&Cs as part of that registration process. If they don't understand they shouldn't sign.

    The auctioneer would have run through an overview of the T&Cs verbally before the auction started.

    https://www.fairtrading.nsw.gov.au/housing-and-property/buyi…

    https://www.fairtrading.nsw.gov.au/housing-and-property/prop…

    If they really don't want to buy it then they need to seek legal advice. It will cost them (lots) but not the price of the whole house.

  • +33

    I think OP is leaving out some critical details about how their friend was pressurized. Was it 15PSI, 30PSI, 100PSI?

    • +4

      maybe there was a boost leak and it wasn’t as pressurized as he thought it was.

    • +1

      How close was your friend to sea level OP?

  • +14

    Friend = idiot
    Friend = new home owner
    Friend = got a bargain well under the reserve

    • +17

      Friend = OP

      • +6

        Yep, pretty obvious :)
        'friend' is always OP … should be set as an auto correct by the system :D

  • +3

    TL;DR

    Friend was playing Musical Chairs the other day.
    Down to them and the Auctioneer.
    Music stopped, Friend won house.

    Question:
    What would your Friend do if they were the Vendor and the Successful Bidder tried to walk away?

  • +2

    My friend went to an auction and was tricked into bidding by the real estate agent who showed him the reserve price which was significantly higher and told him that if his bid was highest, he would have the first right to negotiate.

    To his surprise, agent came back after the discussion with the vendor and said vendor is happy to sell at that price and he didn't knew what to do then.

    The actual events are not very clear from this.

    Did you friend actually make a bid at the open auction ?

    Or, was it just a verbal offer made privately ?

    If it was just a verbal offer made privately, and there is nothing at all in writing, then it becomes very hard for the real estate agent to prove that it was an actual legally binding offer, as well as for them to prove the terms and conditions of your friend's offer.

    Here is a webpage discussing the requirements for a verbal agreement to be legally binding:
    https://butlers.net.au/verbal-agreements/

  • +1

    OP mind to share property address? Also interested to know which real estate company handling this auction.

  • +8

    LOL "forced" to bid!
    * massive eye-roll *

    And I thought personal responsibility was already at an all time low but this is close to a new level.

    • Im going to stand outside with an AK47 and "force people to bid"…

      Lets see how that goes.

      • +2

        Well, Sydney Auctions… nuff said…

        • +3

          insanely overpriced joint for last 30yrs.

  • +1

    I feel sorry for the friend of the OP, and maybe I'm being harsh, but no amount of pressure is ever going to get me to part with hundreds of thousands of dollars unless I want to buy the thing. You can tell me your children will die if I don't bid, or your wife will leave you, but that's not going to make me bid.

  • +4

    Tell your friend to get a property lawyer and stay out of his affairs. There's no reason for you to get any further involved, OP.

    • +4

      Friend is OP. :p

  • It might be a good buy? how much was it?

  • +2

    Your friend won the auction of a property that he liked and under the reserved price. That's a bargain, right? What's the problem?

  • +15

    Can I summarise my understanding:

    1. your friend was told if they made the highest bid, under the reserve, they would have first rights at negociating the propoerty;
    2. Your friend proceeded to make a bid, under the reserve price at that time, so they were under no obligation to buy the property at that point in time. It is auction rules that the Reserve Price is set before the auction;
    3. The Estate Agent went back and discussed with the owner your offer and decided to lower the reserve price to meet your friend bid,
    4. The Estate Agent then came back and stated that the Reserve Price was lowered to meet your friends bid. Therefore they changed the rules;
    5. Your friend did not accept the change in the terms of the auction and did not place a bid under the new Reserve Price. In fact, they walked away;
    6. Your friend has not made a bid at any time that was above the Reserve Price, AFTER the Reserve Price as set lower.
    7. Your friend clearly did not accept the new Reserve Price and therefore new terms of the auction.
    8. This is demonstrated by the fact that your friend did not sign a contract
    9. I would suggest your friend documents all of this, makes a complaint about the Estate Agent to the ombudsman https://www.ombo.nsw.gov.au/complaints/making-a-complaint#:~….
    10. Tell your friend to ignore all phone calls from the Esate Agent and do not respond to anything from the Agent. They will go away.
    11. No need for legal advice unless your friend gets a legal summons to go to court. This is expensive and unlikely to happen.
    12. If your friend gets a Legal letter of demand, they may choose to ignore it. It becomes costly and hard to force someone to sign a contract.
    • It does kinda feel like the moving of the reserver putting the property in play was something that a) was a bit sneaky (no surprises, REA are scum) but b) they didn't understand that they are now the top bid on a property that is now on the market, didn't say anything and then ended up being highest bigger by accident.
      However if you don't want to buy, then don't bid.
      The part about waiting to negotiate and get inspections done feels like they were hoping it wouldn't go on the market (reserve pulled under their bid) and then they could have inspections carried out and negotiate with the owners after the property failed to sell at auction.

      • I mean yeah it's sneaky, but they already made this bid. If there wasn't a reserve they would've won it anyway?

      • +3

        the way i understand it, there was a reserve. it was communicated to be higher. that meant that the property was not on the market. That means that the Bid did not win the property.

        but then the Agent lowered the Reserve.

        The buyer did not make a bid above a reserve price when they made the bid.

        a very strange situation. I'm not sure of the legality of it. But since nothing was signed, it would require time effort and cost for the Estate Agent (r the Seller) to pursue the highest bidder through courts. That is so unlikely to happen - its easier to readvertise and get a new sale. The market is getting hotter now.

        best advice in this situation would be to ignore and let estate agent work out with seller that it would be far simpler to re-advertise and sell the house.

        • The document with the reserve was shown to him, auctioneer didn't announced the reserve and other real estate agent had a private conversation showing him the reserve price.

    • Thank you op;much appreciated. I sent this to my friend for confirmation and he has said this is exactly what happened.

      • +1

        I suggest that your friend just ignore phone calls. Block the numbers and let them go to voicemail and never return a phone call.

        watch in the next week or two the agent will re-advertise the sale.

        • +2

          Then go bid again but make sure to wear a running shoe. Just in case.

        • -3

          This is terrible advice. OP's friend legally bought the property and has to pay for it now, and will likely be sued if they don't sort it out. You can't just bid in auctions to raise the price then refuse to pay if you win, that's illegal. This could become very costly for them and they are likely to lose thousands trying to get out of the purchase.

          OP's friend's best move is to either pay what they owe and accept the property, or offer to pay the difference between their bid and the last bidder's price and hope the RA can get the previous bidder to purchase. If they want to do this they need to do it NOW, before the other bidder changes their mind or finds a new property they are interested in.

          Ignoring the problem and hoping it will go away is unlikely to work in a situation like this.
          If OP's friend really doesn't want to go through with it, they should probably contact an appropriate attorney and try to get it sorted out asap.

          • +1

            @Kail: There is no signed contract.

            To actually get sued costs a lot of money to the person actually using legal proceedings in a civil case like this where the details are quite murky.

            Best action is to do nothing. You'd just be silly to escalate when onus is on seller/REA to stump up large legal costs to pursue the matter especially since there is no enforceable signed contract.

            Yes, there is potentially a risk of being sued. Worst case scenario.

            But it's far far far simpler and cheaper for a seller to readvertise than to pay large legal fees! Put yourself in a seller's shoes - do you want to sell the house quickly or go through lengthy court procedure at cost to yourself?

            A dose of reality and doing nothing where there is no signed contract is a very good plan.

            • @darkchoc: He would have signed a legal binding document to register as a bidder.

              The details are not murky, auctions are very clear cut. If you are top bidder you are legally obligated to sign the contract and pay the $.

              Why would or should the seller take a potentially large $ hit relisting, paying for another auction, hoping there will be the same or more interest the second time around when it's unlikely to be the case? Suing OP's friend for the financial losses their fake bid caused is the obvious route to take. I doubt they will have to pay the entire lot, but they will likely have to pay the difference in final sale prices, additional fees such as relisting etc, legal fees for themselves and the seller. OP's friend just cost themselves a ton of money.

              Don't bid in an auction unless you are prepared to pay if you win!

              • @Kail: Agree that your shouldn't bid unless you are prepared to win.

                The legally binding contract is not signed. Suing someone is much harder than relisting.

                There is no legal action to date. Wait until it eventuates, then worst case, take action then.

                Hypothetical situation of legal action around a non signed contract has not occurred. Why assume it will?

                • +1

                  @darkchoc: To bid in an auction you need to register as a bidder and sign a legal document that states you will sign the contract and pay the deposit if you win. OP's friend is legally obligated to do this. The fact that he has failed to sign the contract is irrelevant - as a bidder he would have signed the bidder registration document which is legally binding. The entire premise of auctions falls apart if winning bidders can just walk away without signing the contract.

                  I would not advise waiting for legal action for something like this. I really think he should contact an attorney for advice given he's facing thousands if not tens of thousands in losses.

                  • @Kail: I wouldn't assume that just because legal action can be taken, that it will be taken. I know someone that had a buyer fail to pay the contracted deposit on a $1.8m property. But they were more interested in actually selling the property so ignored that buyer and forged ahead.

                    • @BartholemewH: It might not of course, especially if they can find another buyer (the second highest bidder would be a good first port of call). But if they do sue, it could cost OP's friend a LOT of money at a time when they really seem to need it (since they are apparently house buying, though clearly not doing it right…) so they really need to be careful. They've put themselves into a really awkward situation.

                  • @Kail: They face nothing in losses unless legal action is taken. Then they could just sign the contract if it is determined that they must.

                    Why on earth would you engage a lawyer before anything has occurred?

                    "Hi lawyer. Can I engage your services for defence"

                    "Sure, please let me what your are being sued for"

                    "Nothing yet."

                    "Sure let me take your money to listen to your back story. Then we'll wait until we actually hear if you actually require a defence against a claim for losses".

                    • @darkchoc: Because something has occurred? They've entered a legal agreement to sign a contracting purchasing a property for an agreed upon price. Getting a lawyer's advice on how to get out of that agreement with minimal losses isn't a terrible idea. Not being prepared is exactly how OP/their friend got into this mess in the first place. Even if they just research attorneys and pick one out to contact in the future is a good step they could be taking to try and fix this, they can always wait until the first legal letter hits their mailbox.

                      But I guess sticking your head in the sand might work out for them too. Who knows, some cashed up buyer may come along and snap up the property for a similar price and OP/friend will be forgotten. The property market in our country is pretty crazy.

                      • +2

                        @Kail: It's actually amazing how sticking head in sand actually works out in a lot of situations!

                        • @darkchoc: I feel like you just summarised Australian politics.

        • +3

          Sorry, but this is terrible advice.

          1) There is still a very large chance that the friend will get sued even if the REA sells it to someone else. Firstly, for the difference in price. Secondly, for any additional work incurred by his pulling out of the contract.

          2) If the friend will be sued, it makes much more sense to settle this early before it all goes to court, expensive lawyers get involved, damages continue to add up and pile up (e.g. they can sue for the time/effort they are putting into pursuing the friend). The friend may well end up footing a huge bill that he has to pay out of pocket + legal fees for both sides + court fees + have no house at the end of it all.

          3) If the court rules against the friend (which is most likely given the circumstances), and the damages are beyond the amount that the friend can pay, they may have to declare bankruptcy. Goodbye to any chance of purchasing a house in the near future then.

          Ultimately, this isn't a fine from your local library where if you just ignore the letters for a while, they'll just forget. It's literally tens of thousands of dollars and if the vendors are aggrieved enough, this may very well end up in court. Not to mention just how shitty it would be for society if everyone acted the way you're encouraging OP's friend to act. If everyone just buried their head in the sand at every issue, everyone would just be wasting time chasing each other up, courts will be completely backlogged with people trying to sue each other. There would be huge costs to society for bringing in lawyers for minute things. It's just an impossible way to work.

          Perhaps you sympathise with OP's friend, but what about the vendors? Why do they now have to wait for another auction to get scheduled? What if they now miss out on another property they wanted to buy because this one isn't settling in time? You can't use sympathy to decide who's in the right and wrong here, otherwise both sides can come up with some irrelevant sob story. What is relevant is that OP's friend made a bid, which is legally binding. All the other stuff is irrelevant.

          • +1

            @p1 ama: Agreed - if necessary agent can get a judgement debt against OP's friend - all it costs the REA is an hour in court, and that baby sits on your credit report for seven years, paid or otherwise. Why wait for that to happen?

            • +2

              @miwahni: Yeah, not to mention that for the last job I applied for, there was specifically a question about whether any judgements had been made against me (civil or criminal) in court over the last 3 years…

              I'd imagine that a "Yes" in that box is an instant rejection.

              • @p1 ama: It's a long road to get a judgement made against you.

          • +1

            @p1 ama: There is no signed contract.

            The agent made a number of misrepresentations on the case. These are potentially quite serious and potentially void the whole auction process.

            If I was a vendor in this case, it would be much much much easier to move on and sell my house. Why would I waste time and effort and cost to pursue someone who did not accept a lower reserve at an auction and did not sign a contract?

            I'd definitely be annoyed and angry at the highest bidder. But ultimately, I'd want to sell my house and move on. There is no signed contract. So it's even more difficult to pursue. These cases move at a glacial pace.

            Readvertise and move on and get the sale. It's just too difficult to force the contract. Especially as there is potentially items the highest bidder can raise e.g. I did not meet reserve at my bid, I was told by REA that I could negotiate when passed in.

            For the highest bidder, who did not meet reserve or accept the lower reserve, just wait and see if they are forced to sign the contract. Or not. Why do anything if nothing eventuates.

            • -1

              @darkchoc:

              There is no signed contract.

              There doesn't need to be. Contracts can be implied even with verbal agreements. You literally learn this in the first year law.

              The agent made a number of misrepresentations on the case. These are potentially quite serious and potentially void the whole auction process.

              Agreed. However, that is all anecdotal and based on OP's friend's story. All we know for a fact is that a legally binding bid was made and accepted as this seems to not be disputed by either side.

              I'd definitely be annoyed and angry at the highest bidder. But ultimately, I'd want to sell my house and move on. There is no signed contract. So it's even more difficult to pursue. These cases move at a glacial pace.

              I agree, but again, this is hypothesising about what the vendor wishes to do. Just because you don't think the vendor will sue does not mean that this will be the case.

              Readvertise and move on and get the sale. It's just too difficult to force the contract. Especially as there is potentially items the highest bidder can raise e.g. I did not meet reserve at my bid, I was told by REA that I could negotiate when passed in.

              Again, the issue is not "forcing the contract", you cannot force OP's friend to purchase the property. However, a court may well could award damages to the vendor (e.g. a price difference), or to the agents (e.g. time and effort spent pursuing OP's friend, organising an additional auction…etc.).

              I'm not saying that your analysis is unreasonable, but rather, that it is bad advice which could potentially make things much worse. The only good advice in this case is for OP's friend to seek legal advice about how to proceed.

              UPDATE: According to the original post, OP's friend is now being sued for the difference. So much for sticking his head in the sand right?…

              • @p1 ama: Read again. There is no mention of being sued. The REA is calling/texting. The friend is gonna get a lawyer to take the REA to task.

              • +1

                @p1 ama: @p1 ama

                I agree largely with @darkchoc although i do think it makes sense to see a lawyer now rather than later. Being stressed about this sort of thing makes you prone to bad decisions, a good understanding of your position and risks is important. Which it seems is what OP's friend has done.

                There doesn't need to be. Contracts can be implied even with verbal agreements. You literally learn this in the first year law.

                Literally, you learn in first year law in property that the government has restricted the sale of property to be by written agreement only.

                Property scams are common, hence this law.

                There is a written document or so other commenters have alledged, but its for the terms of the auction. I dont think the REA or the seller can pursue this matter as a simple debt with a quick 20 mins in court, they need to seek to enforce the supposed agreement and seek the difference in sales price as compensation. This is not a debt arising out of services rendered which just hasnt been paid.

                As you will have also no doubt learned in law school, you cant pressure someone in to entering an agreement. I dont think the facts are great for the REA/seller, the purchaser has English as a second language and was led to believe by the REA that placing a bid would not buy him the property as it was not at the reserve and was basically reassured of this as part of the pressure applied to him to make the bid. Depending on the exact circumstance i think this is pretty misleading and deceptive conduct and likely raises more straight forward problems for the REA under auction and REA regulations. Certainly Op's friends lawyer seems pretty confident.

                I think a court will find it pretty telling, that this wasn't a case of someone getting second thoughts a day later. THis was someone who did not understand that they had 'won' the so called auction and immediately left. I'm not saying there is no risk, but i think combined with the difficult of enforcing. We know little about OP's friend, but imagine he was 85 year old retiree grandpa looking to downsize. This is far from the slam dunk that people in here have assumed, simply because they have not bothered or could nto see themselves in the position of being pressured by an REA in to making a bid. Yet, seeing all the scams that are successful all the time, we know this is not true for most of the population.

    • Can any practicing lawyer give an opinion if something like Walton Stores vs Maher might apply in this case.

  • +1

    First of all why you want to pull out now? Is it because of pest and building inspection? Why not try to get it done now for peace of mind. As you say there were couple of other bidders and they must have done the inspection already.
    For me it seems this is just your friend thinks he didn't get a good deal rather than pest inspection.

    • No, it's about the pest without an inspection…

  • +1

    Honestly, don't get involved in things that you do not understand. Especially property.

    • Well, not true. If fact op’s friend should go to more auctions to observe. Call up agent and ask but do not bid at any circumstance.

      • Not specific to OP, i meant in general (and aimed at 'friend' of OP).

  • +1

    Was the underbid from an actual bidder, or was it the vendor's bid?

  • +2

    Find the bidder who made the lower bid than OP'friend, pay him 2k plus some change and ask him to contact agent with the new higher offer. problem might be solved in less than 3k. greedy owner might just accept.

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