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.
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.