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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5420
Experience:  Dip Law LPAB - Sydney based lawyer
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I have had an apartment available for rent for almost 12 months.

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I have had an apartment available for rent for almost 12 months. My real estate agent has just signed up a tenant less than a week ago, for less than I was wanting.I believe the contract has been signed 4-5 days ago. Is there a cooling off period, as I have decided that I would like to move in an occupy it myself, but have just been 'pipped at the post'? Wilma
Hello and thank you for your question.

No, unfortunately there is no cooling off period which would allow you to avoid the rental agreement which it appears your agent has signed on your behalf.

All I can suggest is that you try to negotiate with the tenant. It might be that they can be persuaded to go elsewhere.

If the agent has signed an agreement for less than you had authorised him to do so, then you may be able to seek compensation from the agent, but unless the shortfall is very substantial it likely isn't worth taking legal action over.

I appreciate this isn't the answer you were probably hoping for, however it does reflect the legal reality of your situation, and I trust at least assists your understanding of your legal rights.

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Thank you and good luck.


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