I sold my house in May 2020. I had engaged a real estate agent. The exclusive real estate contract was signed in Nov 2019. The agent took a number of actions that may have breached their professional and contractual responsibilities. Without going into details on the matters, I just wanted to know if it was too late to launch any action against the agent?
NSW How long do I have to launch a action against a real state agent?
- Thread starter ROBBIE12
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- real estate agents
Dear Robbie12,
Without more detail it is hard to say. Also, the contract with the agent may have begun in Nov 2019 but some of the relevant time limit clock begins not necessarily the date of the contract with your agent but when reasonably you are aware of the problem which may be a later date. Seek legal advice if unsure.
Broadly here are the following types of actions typically against a real estate agent in NSW, and their timeframe (generally or statutory):
1. General complaint of a real estate agent’s conducts to Department of Fair Trading - no specific time limit, but in my experience, you will need to explain if it has been more than 1 year since you discover the problem;
2. Dispute about the conduct of the agent, including contractual, and your loss Is up to $40,000.00, the matter can be brought in NSW Civil and Administrative Tribunal (NCAT) consumer division - 3 years, and they have discretion to accept an extension of time;
3. Dispute about the conduct of the agent, including contractual, and your loss is more than $40,000.00 - local court (up to $100,000.00) district court (up to $750,000.00) onward … 6 years, but you may need to explain if you did not bring an action in a timely manner; and
4. Higher amount, or you wish to apply for action rather than money … generally 6 years - seek legal advice.
Good luck!
-Nighthelyn
Without more detail it is hard to say. Also, the contract with the agent may have begun in Nov 2019 but some of the relevant time limit clock begins not necessarily the date of the contract with your agent but when reasonably you are aware of the problem which may be a later date. Seek legal advice if unsure.
Broadly here are the following types of actions typically against a real estate agent in NSW, and their timeframe (generally or statutory):
1. General complaint of a real estate agent’s conducts to Department of Fair Trading - no specific time limit, but in my experience, you will need to explain if it has been more than 1 year since you discover the problem;
2. Dispute about the conduct of the agent, including contractual, and your loss Is up to $40,000.00, the matter can be brought in NSW Civil and Administrative Tribunal (NCAT) consumer division - 3 years, and they have discretion to accept an extension of time;
3. Dispute about the conduct of the agent, including contractual, and your loss is more than $40,000.00 - local court (up to $100,000.00) district court (up to $750,000.00) onward … 6 years, but you may need to explain if you did not bring an action in a timely manner; and
4. Higher amount, or you wish to apply for action rather than money … generally 6 years - seek legal advice.
Good luck!
-Nighthelyn
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