NSW Can i sue a real estate agent

[Ginak]

Hi

My sister and i purchased a property in sydney couple months ago , we signed contract . However we did not pick our copy of the contract up on the day of auction because the agent told us we had to go in his office on monday to pick it up.
We did what we were told but he did not give our copy and said he will send it yo our lawyer . He avoided our conveyances calls , her emails . Its been 2 months now his been telling us his waiting for the owner to get back to him and she wants abit more and all these excuses shes in hospital her kids sick and the rest. Can i sue this agent as I believe it was him not the vendor who caused this problem . I want to sue him for all the stress his caused ? Do I have a string case ? Department of fair trading asked for evidence of the auction , not sure what i can do i cant afford to go court specially if im going to make a loss . Would i get some sort of compensation for all the heartache.

 

[Rod]

Quite possibly. However you need to discuss the details with a lawyer to find out the strength of your case.

 

[Tripe]

Doesn't sound right, as the realestate agent is normally "jumping at the bit" to get the property sold, so as to get Thier commission.

From previous exierince your contract will have conditions of sale such as finance etc, and the key dates for settlement? Do you know what these are?
If any conditions are not meet by the key dates then the contract of sale can lapse.

Are you sure it wasnt a written offer that you signed as opposed to house sale contract?

 

[Ginak]

Hi Thank You for replying.

As far as I am concerned i have signed a contract which was also signed by the auctioneer. I have a lawyer looking into it.
He also confirmed we signed a contract , the vendor has changed her mind selling the property and the realestate advised she believes she could have sold it for more. That is the issue now .