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VIC Can I Sue Real Estate Agency for Pain and Suffering?

Discussion in 'Australian Consumer Law Forum' started by strawberry, 3 February 2015.

  1. strawberry

    strawberry Member

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    I am not sure if this is even worth asking, but I am seeking a bit of advice. I am wondering if it is possible to sue a real estate agency for pain and suffering. I have been bullied by the real estate agents, as in if I agree to a lesser cost then they won't seek xyz (I don't want to reveal too much). I have been screamed at on the phone. I have nightmares and been unable to sleep. I have been attending work minus one day, though I know I am not at my most productive. I am wondering if there is any point pursuing under harassment and Australian Consumer Law? Thank you
     
  2. Rod

    Rod Well-Known Member

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    Without revealing the details it is hard to give advice.

    Generally advice however is do not allow yourself to be treated like a doormat. Do not accept abuse from anyone. If in person, walk away, if over the phone, keep calm (yes, it can be hard) and quietly say you will hang up the phone if they continue to yell and say abusive things towards you. If they continue their behaviour hang up without saying another word. If they call back, wait to see if their behaviour has changed. If not, say you do not want to speak with them and all future correspondence must be in writing. Take back control. If you can't do this, maybe have a friend/partner help you.
     
  3. Tracy B

    Tracy B Well-Known Member

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    Hi Strawberry,

    It is very difficult to succeed in an action where the only damage is pain and suffering. Especially if you are talking about poor customer service. Unfortunately, getting yelled at and abused happens with some businesses (it is common place overseas!) Unless you can show some recognised psychological disorder and show that this was caused by the behaviour of the estate agent (and not in part due to the frustrations of the transaction itself), you will unlikely succeed. Even if you can show all this, it is difficult to recover much. Usually, it is not worth initiating action for this. In short, probably not worth pursing.

    However, if the estate agent is part of a professional group, it may be worth complaining to that group. You can also complain to Consumer Affairs Victoria about poor behaviour.
     
  4. strawberry

    strawberry Member

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    Thank you Rod and Tracy B. I won't let them get away with the abuse and I will put a complaint in to the practice manager, consumer affairs and the RTA, though I doubt it will mean much happens. These people should not be in business.
     

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