VIC Caveat Placed on Property by Real Estate Agency - Options?

[Shinzlet]

I would like some help regarding a caveat placed on my property by a real estate agency.

My original agency were unable to sell my property and after a failed campaign I entered into a new campaign with another agency who sold my property. They issued me with invoices for the campaign fees and I provided evidence of how they had failed on all accounts. I then attempted to meet with them in person twice to resolve the matter - both times, they cancelled on me.

I then received a letter on Friday the 22nd of June to make payment or legal proceedings would occur. By Tuesday the 26th of June, I was notified by my conveyancer they had placed a caveat on my property - the caveat was placed on the 20th of June.

With settlement only two weeks away, I was not in a position to contest the caveat and am now required to make payment under protest to lift the caveat to ensure settlement occurs.

Any options would be helpful.

 

[Clancy]

Read your agreement contract with the first mob. Is there anything warning a caveat can be put on the property if you do not pay?

The contract should also stipulate how things are to be handled if you decided to go with someone else. You cannot just make up your own rules for "I provided evidence prove how they had failed on all accounts". weather it seems fair or not because you have to abide by the contract you chose to sign.

Otherwise try contacting the ACCC? Australian Competition and Consumer Commission and let them know your matter is urgent.... Agent holding hostage the sale of your property.

 

[Tripe]

Does the former real estate agent have any relationship with the person buying your property? I.e. did they first introduce/show this person the property?

If the caveat has been placed on your property falsely and your house sale fails to proceed, you can sue the first real estate agency for any financial loss.

 

[Rod]

Looks like there are probably two wrongs here.

Seller not paying for services rendered (even if poor), and placing of a caveat.