QLD Man Sabotages Public Real Estate Auction

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Chelma

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21 April 2018
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Hi, An investment property my husband and I own went to public auction today. At the auction someone who was present and who lives in a neighbouring street yelled out to everyone at the auction that our house is full of termites and needs a lot of work to be done to it to be liveable. We have just renovated the house and we hold a current building and pest inspection which shows there are no termites on the property. We have also personally inspected the property and know it to be liveable and free from termites. Due to this person's loud outburst no one bid at the auction and the auctioneer didn't do anything to correct this man's assertions. We do not know this person nor understand his motives for sabotaging our auction in this way. Was there anything the auctioneer should've done to diffuse this situation and allay the crowd's concerns? Have they acted with due care and within their responsibilities as auctioneers? And what steps should we, as the owners, take in moving forward with the sale of our house and avoiding such sabotage again? Thanks so much.
 

Rod

Lawyer
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27 May 2014
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Your main cause of action is against the person who disrupted the auction. If you are serious about taking action, talk to a lawyer and see what they suggest. Interfering in your business/dealings in a manner like you describe can be actionable.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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I'd also be talking to your agent and asking why they didn't do anything to counter the assertions.

Without further information, the problem may be that you can't be sure anyone was going to bid anyway. Auctions in Queensland never seem to run the same way they do in NSW or Victoria in my experience (but that could be a locality thing).
 

Clancy

Well-Known Member
6 April 2016
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I would say the auctioneer did the correct thing by not arguing with a heckler in front of everybody.

The heckler is motivated to have a bit of fun at your expense, i doubt it is anything more than that.

but you know auctions are for properties in high demand right? It is not an ideal mechanism for a harder sell. But is frequently *wrongly* promoted by agents regardless.... its all part of their psychology process of wearing you down in your price, that is what the auction is really for.... they will gleefully support your high price early on, and then slowly wear you down over time while all the while appearing to remain supporting.... am i rite or am i rite?