Can I sue my real estate agent for failing to disclose to me the interest of a buyer?

Discussion in 'Property Law Forum' started by PropertySeller, 15 April 2019.

  1. PropertySeller

    15 April 2019
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    I have recently completed the sale my property in Sydney to a buyer (Let's call her Buyer A).

    Buyer A visited my property during an open home hosted by my real estate agent (Agent). However, the Agent never showed me Buyer A's offer for the property. Instead, Buyer A told me that she left the Agent a voice message but never heard back, so she contacted me directly to show me an offer. (fortunately I have all visitors' contacts, and she also has mine)

    A few days before Buyer A contacted me directly to show an offer, the Agent and I discussed about Buyer A several times in our text conversations, regarding her request of a rental appraisal. So Buyer A was definitely on our radar screen.

    Meanwhile the only offer the Agent has shown me was from another buyer, Buyer B. I rejected Buyer B's offer, because he insisted on a delayed settlement period, and a lower than usual deposit amount. Buyer B told me the reason he needed a delayed settlement period was because he needed to sell his other property to fund this purchase, a property that he hadn't yet listed.

    I suspect that the Agent intentionally did not showing me other offers, to force me into a deal with Buyer B. The reason could be that the Buyer B will agree to list his property through the Agent, hence the Agent can earn double the commission.

    Can I sue the Agent for failing the fiduciary duty to act in my best interest? Even if I could not prove that there was malice by the Agent in not showing me Buyer A's offer, can I at least sue the Agent for negligence for not following up with Buyer A, and finding out her buying interest?

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