Hi All, I hope you can help. Wanting to move to another residential rental property, we found a suitable house and then the following sequence started:
I have contacted Consumer Affairs Victoria who have advised the following:
"Receiving the contract by email is an "intent to sign" and is treated as a binding document. They suggested an option to pursue via vcat. Note the contract is currently unsigned by the agent."
The situation we are now in is that we must vacate the property in a short period of time and it is looking extremely unlikely the real estate agents will honour the contract and provide the keys.
Aside from the legalities is the interesting concept of "mistake" by the agent. A weekly offer of $420 was made and an email confirms it was accepted The monthly figure of $1825 - by their own admission - was derived from the formula (($420 / 7) * 365) / 12.
Is there any advice on how we can proceed? Our worry is that the property will remain on the market and we will have no house to move into as planned. Or, is the agent acting appropriately?
Thanks
- Property advertised by agent at $440 per week
- Submitted an offer and rental application at $420 per week
- Offer accepted and confirmed by email at $1825 per month (not $420 per week although they're the same)
- Requested first payment to be made on 06 May.
- Request accepted by email
- Received a copy of rental agreement (contract) by email, stating $1825 per month commencing 06 May
- Signed contract returned by email to agent
- Gave notice to vacate current property which was accepted
- Real estate agents contacted me by text advising I had made a mistake on the application and should have submitted $440 per week
- Advised agent that there was no mistake, my offer was $440
- I queried the monthly calculation from the weekly offer to check the amount was correct and the agent advised it was - $1825
- Agent made further contact to advise that the monthly amount should have been $1911 ($440 pw)
- Agent advised that the owner would not accept the lesser amount and is now claiming that the contract is void and that the property will remain on the market.
I have contacted Consumer Affairs Victoria who have advised the following:
"Receiving the contract by email is an "intent to sign" and is treated as a binding document. They suggested an option to pursue via vcat. Note the contract is currently unsigned by the agent."
The situation we are now in is that we must vacate the property in a short period of time and it is looking extremely unlikely the real estate agents will honour the contract and provide the keys.
Aside from the legalities is the interesting concept of "mistake" by the agent. A weekly offer of $420 was made and an email confirms it was accepted The monthly figure of $1825 - by their own admission - was derived from the formula (($420 / 7) * 365) / 12.
Is there any advice on how we can proceed? Our worry is that the property will remain on the market and we will have no house to move into as planned. Or, is the agent acting appropriately?
Thanks