QLD Can I stop the sale of a property or sue the agent or agency

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gaylependy

Member
14 June 2021
2
0
1
My complaint

We had been dealing with real estate Andrew Flanagan regarding purchasing a property in Wilston. We submitted an offer to purchase the property which at the time was not accepted. The following day we offered a higher amount but knocked back as they wanted to continue to auction. The next day the agent called to say our offer was now accepted and he is free for the contract signing at 6pm. We offered an unconditional contract. We were initially going to complete a building and pest of our own but decided to accept the one provided by the agent. The agent asked if we were definitely happy to go unconditional as he didn't want to be embarrassed with his client if at the time of signing we wanted different terms. I asked Andrew when he came with the contracts that our offer is definitely approved, and the seller will be signing the contract. He advised us that is was the case, so we signed the contract as we didn't want to get our hopes up unnecessarily. We asked why the sellers changed their mind all of a sudden but didn't get a clear answer as to why which should have set off alarm bells. My husband said it didn’t feel right and I should have listened and insisted the sellers sign the contract first. This would have saved a lot of angst.

The next morning the agent called to say they received another offer and that the seller is taking that offer instead after we were already guaranteed the property. The agent had lied to us the whole time. He wanted a contract signed by us to have leverage with another buyer to force them into buying the property sooner. It is not a coincidence that another offer came in the morning the seller was due to sign the contract. The contract should have been signed that night, but it was delayed. Why, because our offer was never going to be accepted. We were used and discarded. This unethical behaviour is unacceptable and has left me feeling extremely sad and upset. To be told you have the property, then to be told no is very cruel. The agent is unethical, and I don’t think this treatment of people fits in with the agent’s legal obligations. The agent didn't want to be embarrassed with his client if i changed the terms but he had no issue with hurting me. I can't even begin to advise the pain and stress this has caused us. I do not know how any one could sleep at night treating people that way.