VIC Estate Agent exclusive agreement contract cancellation

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Terry Nelson

29 December 2019
Our friends decided to purchase our house, went via the estate agent, signed the contract of sale conditional on building and pest and finance. Signed on 23rd Dec, our agent told us that if they could not get a building inspector through in 5 days the building and pest part became void.

Our agent went out and found the buyer a building inspector and booked it for 9 am Christmas Eve. The inspector told me that he had finished for the year, but when I got the call, I had to do it the job for (our agent)

I think she has breached section 11 of the Estate Agents (Professional Conduct) Regulations 2018

An estate agent or an agent's representative must always act in a principal's best interests except if it is unlawful, unreasonable, improper or contrary to the instructions of the principal, for whom the estate agent or agent's representative is acting, to do so.

She has not acted in our best interest, never asked us if it was fine for her to contact and book a building inspector on behalf of the buyer.

The building inspector took nearly 3 hours and took over 400 pictures, including kids bedrooms with no context in report. His report scared our friends and we suspect they will cancel under 3 day cooling off period or finance letter from bank. The report outlines areas which he is not permitted to inspect under AS 4349.1 2007 such as lighting, paint coverings and plaster patches.

The agent has gone off on holiday. The marketing campaign has been a complete disaster, and following auction we have been locked for 90 days. We don't believe that they will work to sell our house now, and don't really trust them given the lack of unprofessional conduct show so far.