WA Will Confidentiality Agreement Prevent Me from Reporting Fraud?

[Tonyas]

I have a claim running in the magistrates court for a property manager to provide evidence of expenditure on my property. He now wants to settle and have me sign a release and confidentiality agreement.

If I sign it, does it stop me reporting him to police for fraud.

I know his invoices are false because he unwittingly provided me with the evidence. My understanding is that these agreements are null and void if it involves illegal activity.

 

[Tonyas]

Can anyone give an opinion on the above? Please?

 

[Iamthelaw]

Can anyone give an opinion on the above? Please?

What exactly is the claim you're running against the agent?

I wouldn't be signing a confidentiality agreement for a real estate agent providing me with a statement of expenditure relating to my own property. In fact I wonder whether such an agreement would be valid, although its difficult to speculate without knowing the terms.

In any event, perhaps your course of action would be to report to the police first, rather than afterward?

 

[Tonyas]

The claim relates to a property we have since sold but I started the process prior to selling, not that it matters. It was unit in a holiday resort and it is not a real estate agent, he is the onsite manager so he responsible for maintenance, bookings and general care.

When he spends money on our individual units he has to provide evidence of expenditure. I rejected what he presented because he unwittingly provided proof that they were were manufactured after the fact. I asked him to confirm that they were copies of the original that he retrieved from the archives,\. He claimed they were but because of some details on them I know they are not.

Anyway, I have started the process in the Magistrates Court but he made an offer to settle. I rejected the amount but told him if he payed $xxxxx I would agree but he wants a confidentiality agreement so that I can't go to the other 43 owners and tell them because they will then line up for the same. I am happy to sign a confidentiality agreement but my understanding was that if his action is found to be illegal then the agreement is null and void.

I have been to the police and they would prefer to take it on once the court process is done but I may go and see them again and say I want to lodge the complaint. In any event that was why I wanted to know if these agreements were valid once illegality had been established.


Sorry for the long winded response.