NSW Agent providing false information about my commitment period

[Michael168]

When I signed up for a Realestate Sales Authority, it includes the following terms "Cond. 7. You do not need to pay the Deferred Amount if after the expiry of the 90 Day Commitment Period: a. you unequivocally withdraw the Property from sale." So prior to withdrawal on 8 May 2019, I asked the agent have I satisfied all my commitment so that I don't need to pay the Deferred Amount and he told me I have as the contract was signed on 23 January 2019. On 20 August 2019, the Agency sent me an invoice to pay for the Deferred Amount because my property only listed on Realestate.com.au for 72 days.
When I re-read the contract, by then I only notice that the previous conditions vaguely mentioned that the Commitment Period is "the date the property first listed for sale in the public domain, including being published on the internet". Only if I know that, there is no reason I wouldn't leave it on for another 18 days as it doesn't cost me anything and it could save me $4k.
So my question is am I still obligate to pay the Deferred Amount as I was mislead by the agent?

Note: Unfortunately I don't have any written evidence. It was a phone conversation.

 

[Rob Legat - SBPL]

I'd go back to them on the basis that:
1. The conversation with the agent, specifying the date and time you spoke to them.
2. That's an unfair definition of a commitment period.
3. You had no control over when the property was listed with realestate.com.au.
4. If the property was only listed on the website for 72 days, unless there are other facts I'm unaware of, that means it was listed on 25 February 2019. You contracted on 23 January 2019 - so why did it take them over a month to list the property?
5. Being listed for sale in the public domain isn't just via a website. Any form of advertisement would cover this, including the picture listings a lot of agents have in their windows. Further, if the agent was in any way promoting the property for sale, there's a strong argument it is listed for sale in the public domain. And, per 4, if none of this was happening then - again - why did it take them over a month to list the property?

If that doesn't work, I'd further suggest to them that you can have a discussion and try to work it out, or perhaps you can take the matter to the Real Estate Institute of NSW for their take on it.

 

[Michael168]

I'd go back to them on the basis that:
1. The conversation with the agent, specifying the date and time you spoke to them.
2. That's an unfair definition of a commitment period.
3. You had no control over when the property was listed with realestate.com.au.
4. If the property was only listed on the website for 72 days, unless there are other facts I'm unaware of, that means it was listed on 25 February 2019. You contracted on 23 January 2019 - so why did it take them over a month to list the property?
5. Being listed for sale in the public domain isn't just via a website. Any form of advertisement would cover this, including the picture listings a lot of agents have in their windows. Further, if the agent was in any way promoting the property for sale, there's a strong argument it is listed for sale in the public domain. And, per 4, if none of this was happening then - again - why did it take them over a month to list the property?

If that doesn't work, I'd further suggest to them that you can have a discussion and try to work it out, or perhaps you can take the matter to the Real Estate Institute of NSW for their take on it.

Hi Rob,

Thanks for your reply. The property was rented out until 8 February 2019. I have emailed the agency asking the agent to contact me to discuss as he seems to be avoiding me. Otherwise I'll take the matter to Consumer Affair Victoria as the property is in Victoria, based on some of the points that you raised:
1. The conversation with the agent.
2. That the definition of the commitment period was unfair as I have no control over when the property was listed with realestate.com.au. So wouldn't know how many days it was listed.
3. Being listed for sale in the public domain isn't just via a website. Any form of advertisement would cover this, including the picture listings that a lot of agents have in their windows. Further, Chris might have in any way promoting the property for sale, there's a strong argument that it is listed for sale in the public domain.