VIC exclusive sale agreement

[avatar1234]

hi all
please help about exclusive sale authority

i am already with one agency on this agreement and they have not provided a copy at the point of signing the agreement paper which was only 1 page of 5 actual pages. they didn't even fill it full or correctly.
the same single paper was emailed to me after 2 days. i read the agreement after few days and denied it as different to my understanding. now they rudely said to stay on agreement or risk double commision. after all this i do not want to continue business with them but they are scaring of sueing me? please help

 

[Ruby90]

Have you signed anything? Not sure they can get you on double commission if not... If you feel the agents are incompetent and you want to back out, talk to Consumer Affairs in Victoria

 

[Rod]

You may be contractually bound to them. The nature of the agreement was never in doubt and while they should send you the whole agreement, not doing so does not invalidate the agreement.

If the agreement is not filled in correctly it then depends on the nature of the mistake as to whether the agreement is binding.

If it is important then you need legal advice, otherwise wait out the period of exclusivity.

 

[avatar1234]

You may be contractually bound to them. The nature of the agreement was never in doubt and while they should send you the whole agreement, not doing so does not invalidate the agreement.

If the agreement is not filled in correctly it then depends on the nature of the mistake as to whether the agreement is binding.

If it is important then you need legal advice, otherwise wait out the period of exclusivity.

hi Rod thanks for the input. according to estate agent act 1980 any contractual agreements signed should be exchanged at the point of signing.

Also a statement of rebates or any discounts statement should be included with a information on where to lodge disputes. none of this was completed by

this agent.

 

[avatar1234]

to add to the allegations i have pointed to them that the details on the agreement are changed without my knowledge and presence. I told them i am working with other agents as well and when i signed the exclusive authority days section had 0 days and continuing authority had 30. which is explained to me that if other agents sell they won't get any commission.

this change to me seems fraud than a compliance issue.

 

[Rod]

i have pointed to them that the details on the agreement are changed without my knowledge and presence

Put it in writing and politely tell them to place their amended version in a small dark place.

seems fraud than a compliance issue.

I agree, or at least misleading and deceptive conduct