NSW Potential house sale / agent conflict of interest issue

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

TKD

Active Member
21 September 2018
5
0
31
It was my mother's dying wish that her neighbour not profit from the sale of her house post death.

I have tried to make sure that request was honoured.

We have had issues with the neighbour for years... And during the open house in which she was instructed not to attend, she attended it and was caught by the agent opening drawers and taking photos.

I instructed the agent to take her off the list as a potential buyer. I had to fight the agent to make sure she was removed from the list as he was not onboard with it at all in the first few weeks. I was surprised at how much effort I had to put in to enable this.

Having then seen both neighbours out at dinner, I then instructed the agent to remove the other neighbour as a potential buyer as well as the plan was probably to combine blocks for sale cutting me out of the deal. The agent agreed to this a lot easier than the first instance.

The house was removed from auction due to no bids taking place.

I then sold it off-market to what I have been told is a developer.

The name that appears on the contract is that of a Pty Ltd company. I have done a background check and that all seems fine.

However - I am aware that a deal may have been done in the background to enable one or both neighbours to acquire the property through say contract structures with the company named on the contract.

If that is the case, I believe the agent has facilitated it in order to sell the property but also to possibly gain exclusive sales rights once the blocks have been developed.

In the case that this eventuates, and that it can be proven, has the agent then not acted in the best interests of the client and therefore wouldn't I then be entitled to sue under the terms of the contract and also my instructions to the agent?

They are probably Australia's biggest agency. I am not beyond using my media contacts and background to generate negative publicity nationwide for this.

Any information here would be helpful.

Thank you.
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,205
969
2,894
Seems more unethical, rather than illegal.

Though I'm not in NSW and do not know obligations owed by selling agents to their client.

Suggest you get your proof, then see a lawyer.
 
  • Like
Reactions: TKD