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SA Real Estate Agents Breach of Contract - Lease Invalid?

Discussion in 'Property Law Forum' started by SVetgirl, 19 November 2015.

  1. SVetgirl

    SVetgirl Member

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    Can signed lease agreement be amended or deemed invalid if it is in breach of an agreement between the landlord and the real estate agents? We have recently found out that we have to empty our shed despite stating in the agreement that part of the shed is to be off bounds to tenants. The real estate agent "forgot" to notify the tenant before the lease was signed and also "forgot" to add a clause stating this in the tenant's contract. We want the a new agreement to be signed, is it legally possible to do so under Property Law? Who do we contact to complain about the real estate agents breach of agreement ?
     
  2. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi SVetgirl

    You cannot deem the Lease invalid, or force the Lease to be amended - because your Agent made a mistake.

    What kind of property is this? Residential? Commercial? Retail? Industrial? (is the Lease registered?)

    The Lease can be amended, by agreement in writing with the Tenant.

    You first need to have your Agent determine whether the Tenant will agree to the required changes to the Lease?

    If Yes, then:
    • the Agent will most likely need to negotiate with the Tenant as to what they want in consideration for accepting these changes to the Lease? and
    • you will need to seek full compensation from the Agent to recover the compensation payable to the Tenant, as well as any legal fees that may be required, and other costs that may be incurred - especially if the Lease is registered.
    If No, then you will need to either:
    • reach a compensation agreement with the Agent - to perhaps pay for the moving, insurance and storage of your "shed" contents in a storage facility for the duration of the Lease; or
    • consider legal action against the Agent for their negligence and/or breach of your specific instructions with regard to your Property.
    Kind regards
     
  3. SVetgirl

    SVetgirl Member

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    Thank you so much for this James :) It is a residential property and I know for sure that the tenant will not agree to adding anything on, as he likes to be difficult and requested the shed to be emptied. I may need to go for compensation for storage from the real estate agent . Thank you!
     

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