LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Listed on TICA by Real Estate Agents - Legal Under Property Law?

Discussion in 'Property Law Forum' started by Brad68, 16 December 2015.

  1. Brad68

    Brad68 Member

    Joined:
    16 December 2015
    Messages:
    2
    Likes Received:
    0
    Last year I received a letter from the real estate agent saying if I don't reply to an email within 7 days then I will be placed on a Blacklist. I responded the next day and received a reply with a Payment Agreement for outstanding Rent, etc., which I paid off.

    It's been a year and I find myself listed on TICA after applying for a rental on the same day that I was sent the payment agreement.

    Is this legal under Property Law?

    It wasn't even seven days after, it was 4 days.

    As you aware there is an outstanding amount of $2503.45 after all Bond has been received.

    The owner and I are happy to offer you a payment plan to pay back these fees. Of course, if nothing can be agreed upon, your name will be listed on Tica and listed with Real Estate Collections.

    This is a blacklist. If your name is blacklisted, you will find it difficult to rent again until all fees are paid. Under the circumstances, we believe that a minimum of $100.00 per week is agreeable.

    I will await your reply, though please know if know contact has been made within 1 Week of this email, we will proceed with these listing.

    As you can see by the above letter, they said I wouldn't be placed on TICA unless nothing can be agreed upon. I agreed to repayments within a few days after this letter.
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,147
    Likes Received:
    256
    Have you made every payment since in full AND on time?

    Are you sure it is this agent that placed you on TICA and not someone else?
     
  3. Brad68

    Brad68 Member

    Joined:
    16 December 2015
    Messages:
    2
    Likes Received:
    0

    Who else could it be? The real estate is acting on behalf of the owners. And she has done something like this before.

    For example, she scheduled a housing inspection to remedy breaches and told me everything was going to be fine. On Monday, I received a notice to move dated from Friday. She had already sent me the notice before I had the inspection.

    And yes I paid the amount in Full. The date I was listed was the date she sent me the repayment agreement.

    Besides that, I just looked at the Tica Listing. It was the real estate who listed me.
     
  4. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,147
    Likes Received:
    256
    OK.

    Suggest writing a polite letter to the real estate agent, copy to owner, saying they have not abided by their agreement, and that they and the owner will be held liable for all costs you incur due to their placing you on the TICA database. You might want to suggest there has a been a mistake at the end and they need to fix it.

    Re-state in your letter the facts around payment, the fact that you paid as agreed and that the amount has been paid in full and that you continue to reserve all your legal rights.

    Also check this link out: Renting and owning property | Your rights, crime and the law | Queensland Government
     

Share This Page

Loading...