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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43957
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Tuere thanks for your quick response, i have a question

This answer was rated:

hello tuere thanks for your quick response
JA: What state are you in? It matters because laws vary by location.
Customer: i have a question regarding issues that im having with a real estate agent. i am a tenant
JA: Has anything been filed or reported?
Customer: i live in wa
JA: Anything else you want the lawyer to know before I connect you?
Customer: i have bond release papers over 2 weeks due. but havent sogned yet

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Good Morning.

You may have to take the agent to the Department of Commerce for failing to do his duty and to order the bind to be released.

https://www.commerce.wa.gov.au/consumer-protection/real-estate-complaints

This is your only option. You will have to provide evidence of all your attempts to have them comply and have the banned released and their failure to do so.

I hope this makes sense and is of assistance. if there is nothing further

Thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 4 months ago.
Hello there. Thanks for helping me out. I have attached a .pdf file detailing my communications through email. Despite countless phone calls that I wish I had recorded for evidence purposes, I am still hoping the information in the emails is enough to prove the Real Estate Agent did not act according to their duties, especially considering the circumstances. And I did well to give plenty of notice. However, contacting the actual property manager was a nightmare as she was unavailable 99.9% of the time. You can see this in the emails. I left her voicemails and left messages with her assistant but nothing seemed to get through. At the end of it all, I was told that the owner was away for 6 weeks. They didn't say where he was or anything, the only information I was told was that he was away. Throughout the entire ordeal, whenever I asked what was taking so long, they always replied with the same answer - "You signed a contract for 12 months and the owner doesnt have to approve your request." That was all I was ever told. There is more information and many other things that really got me angry, but I'm trying to focus on the important facts and figure out if I have enough evidence to prove my case and if it will be worthwhile trying to take the matter to court. I've also attached a picture showing that my request to cancel agreement was finally approved 25th November 2016, but I still had to pay rent til the new tenants moved in on the 7th December 2016.Let me know what you think, and thanks again, I appreciate your time taken.Kind Regards,Luke Brinkworth
Customer: replied 4 months ago.
Also I live in Perth, WA. Thank you.
The only outstanding paperwork that I have is my bond release form, which I have not signed as I do not feel their $900 fee is justified after making me wait such a long time and also because I advertised and found new tenants.Thanks again.

Have you complied with the lease and cleaned the carpets and done what you should have?

Also as a fixed term lease you can only break it if they agree. If they do not agree you can be liable for the balance of the lease until they find a new tenant.

If the lease has a fee to break it and you signed it you may think it is not justified but that is what you agree to when you entered the lease.

All the best and good luck.

Customer: replied 4 months ago.
Hello, thanks for your reply. I have attached evidence to my last message that I believed shows negligence on the behalf of the real estate agent. The property manage was always unavailable and took 14 days to initially respond to my request to cancel agreement. After submitting my form to request to break lease, I waited a total of 6 weeks before they were able to give me an answer. In total it took the real estate agent 3 months to process and have my break lease approved. I feel 3 months is extremely long time to wait. Please look at my attachments in the last email. I believe the real estate agent did not perform their duties and caused delay due to their negligence and lack of communication. I'm looking into suing for damages because of how long they took to do anything about it. Also I asked them for a 6 month contract, but they sent me a 12 month contract. Please view my attachments because I've made notes that I need an opinion on to see if the emails will be valid as evidence in court.Kind Regards,Luke Brinkworth

I have seen the attachments but I cannot give you an opinion on how good or bad it is for use in court.

What you have shown me can be used in court and you should file it with your application.

Their delay in getting back to you does not absolve you of your obligations under the lease. If you have not cleaned the carpets etc even though you broke the lease that part can be enforced.

If you want damages you actually have to show the court that because of their delay and omission you have actually suffered financial loss. if you cannot show that the court will not award you any compensation.

If you signed a 12 month contract knowing that is what it was, the court will not punish the agent for sending you something that you did not ask for. You have a right to change it or ask for it to be changed before signing.

I hope this all makes sense

Customer: replied 4 months ago.
Hi there, thanks for your patience with me. I've been thinking about everything and I have another, hopefully final question for you. Again, I just want to say that I appreciate your time. 2016 was rough, I hope 2017 will give me time to recover.I had a realization. When I submitted the request to break agreement form, it had a section on the form where I had to fill in the date that my agreement started and the date my agreement ended. In the box asking for the end date, I wrote "Not Sure". I then submitted the agreement. Eventually after 7 weeks of waiting, it was accepted and approved. Does the fact that I wrote "not sure" negate any value of that document?I honestly believe that she also used to deception to delay my application. Her information was always vague and never gave a direct answer. For example, she would never tell me if she had emailed, called or visited him. When asked, she would just change the subject and say "you signed a contract Luke and he doesn't have to accept you application". Think about it. How is stating the obvious of any help to me or my situation? She did this over and over for 6 weeks, never giving me information that could help my situation. At least a returned phone call saying "Hi Luke, I received your message and am calling to let you know that unfortunately, we haven't been able to contact the property owner yet. We have used all forms of communication possible to reach him or someone who knows him, with no result. We are really sorry for the inconvenience, but we will continue trying to reach him."I am an Electrician who deals with dozens of clients weekly, and the above answer is the kind we would give to our clients in any sort of situation, urgent or not. That's because people can't live without power.I honestly feel that the property manager, perhaps in agreement with the owner, caused intentional delay, resulting in the loss of money through rent, when the application could have been processed after. She always gave vague answers, and who in this day cannot be reached for 6 weeks? I don't trust her and want her investigated. But I don't know how, and I'm broke.
Customer: replied 4 months ago.
Basically I would be looking at damages through the fact that I had to pay rent for around 4 weeks longer than normal plus inconvenience damages for using deception to cause delay. The reason I'm suspicious is because she was always vague, and all of sudden after 6 weeks, she phoned me and said she spoke to "someone who knows the owner and said that he was away and will be back next week". So a week later she phones me and says in a brisk manner, "Hi, so I spoke to the owner, and yea he said he was away for 6 weeks, but any way I gave him your form blah blah blah.."The way she said it was very vague and distant. As I said, this isn't how we talk to customers. We tell them exactly what happened and give details explaining the situation so that the customer is informed.100%. This is why I'm so suspicious of her. There was never any detail in her communications. It was always "oh you signed the form, your opinion doesn't matter" she actually said that to me over the phone when I asked her about the excessive amount of time that it took.When I took the keys for the property back, her and I were alone in the conference room so I could sign the return forms. She mentioned something to me, and I don't know why, but she said, "The new tenants are really annoying. His wife keeps coming in asking about their application and he keeps calling, as if it's going to make things go any faster. You know, calling all the time isn't going to make things any faster. All it does is annoy us and, if anything, makes it take even longer because we don't won't to do it."I tell you what, if I had known those words were going to come out of her mouth, I would have been recording! But I remember telling my mother that day of what the property manager said to me! I even mentioned to Co-workers and they were surprised when I told them what she said.Honestly this whole ordeal has been driving me crazy, losing sleep, and thinking about it. I really have been trying to be calm and forget it and pay the fees. But it keeps playing on my mind. I did so much in my power to make the process a no brainer. All they had to do was say yes or no. Even a timely "no" would have given me chance to rearrange my mortgage and house plans. So I tried contacting them early, I'm fact 3 months early.It just angers me that these people think they can just do what they want and with hold information from you and make any progress as difficult as humanly possible.How can I simply find out the truth - we're they intentionally delaying an answer on my application or were they honest? When I ask the property manager, she won't give answers, she basically repeats the "you signed the form, you pay the fee".I already know that, but I want to seek the possibility that the delay was intentional...Sorry I'm really tired and losing sleep over this.

Good Morning.

They could have rejected the form because of your notation of not being sure. The lease expired when the lease said it did. The fact they have accepted and approved the request means they accepted the form in the form it was in.

She had every right to rely on the lease you signed and your signing it binds you. This is the biggest issue I have. He delay may have inconvenienced you but had you take it to court the lease would have been upheld as a 12 month lease.

The agent may have been negligent in her actions or failed to do what she said she was doing but you will only be able to find that out if you sue and issue a subpoena to see the file.

You will not be granted the damages for the extra rent you paid.

I cannot see any deception on her part. There may be some delay due to negligence but no deception.

If you know who the owners are contact them directly and without the agent and ask them directly about the reason for the delay and confirm if what you were told by the agent is true.

If they are prepared to put it in writing them you can use it against the agent and sue them for being negligent and lying.

Leon and other Australia Law Specialists are ready to help you