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My agents jeopardised my advertising campaign for the sale…

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Hi, my agents jeopardised my...
Hi, my agents jeopardised my advertising campaign for the sale of my house by underquoting, terminating online advertising 2weeks early, disclosing personal information about my family situation, cancelling open inspections. All of which were done without our consent or consultation. The exclusive advertising contract has finished, and after months of dispute (with minimal response from the agency) they are now suing me for fees owed. I have argued that I have incurred financial damages exceeding their owed fees as a result of their actions. What can I do now? They won't negotiate and I need to act before the court date.
Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/23/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,327
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 8 months ago

from what you have described there is failure to act.

have you considered raising a claim against the agents under the Australian Consumer Law ?

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Customer reply replied 8 months ago
I have. As detailed in the section "what have you tried already" but my lawyer advised against it? I think he just doesn't want to do it. Would I need to raise a claim before our case is presented in court? And is there a time out for submitting it?
Customer reply replied 8 months ago
Also, can i counter sue in the same case or is it treated as two different court cases?
Solicitor: John Melis, Lawyer replied 8 months ago

Would you like to discuss this matter on the telephone to obtain a different legal opinion ? I have extended a special offer to you if you prefer.

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Customer reply replied 8 months ago
Do I need a lawyer to counter sue? Or can I represent myself? Is it scary and hard? I'm only a 28 year old mum and I'm not experienced with the law. Can I send you the fact sheet to read please?
Customer reply replied 8 months ago
It's hard for me to chat on the phone right now because I have a newborn. I'm sorry about that.
Solicitor: John Melis, Lawyer replied 8 months ago

Thats ok.

if you like you can accept the offer and you can see my numbers and call me when you are free.

or we can keep chatting in here

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Customer reply replied 7 months ago
I'll send you the fact sheet
Solicitor: John Melis, Lawyer replied 7 months ago

ok

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Customer reply replied 7 months ago
Let me know if you receive them
Solicitor: John Melis, Lawyer replied 7 months ago

I have reviewed the document.

I recommend that when you have time we talk on the phone.

I have extended the special offer to you so you can see my numbers to call on .

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Customer reply replied 7 months ago
Thanks. Don't worry about it. I thought this was an online web service. Thanks anyway.
Solicitor: John Melis, Lawyer replied 7 months ago

Yes it is. But the issue you are dealing with is complex in explaining how you can raise a claim under the ACL. I would like to help you defend your legal rights, and the first step is to raise a formal complaint under the ACL. Misleading conduct is a claim that you can raise as well as breach of duty of care.

Both directions you can consider and it just depends on the details which is the better path to go.

I would be pleased to discuss this matter with you further.

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Customer reply replied 7 months ago
I get extremely nervous talking to lawyers and getting help with this situation. Look honestly, thank you for listening anyway. I will just pay their fees, cop the loss and move on. That's the advice my current lawyer is giving me and so in the end I will have had to pay the fees to agent and the fees to lawyer so I'm in no better situation. I'm just wasting more money that I can't afford. Honestly, not your fault. The big guy always wins and I'll end up more out of pocket then where I started at.
Solicitor: John Melis, Lawyer replied 7 months ago

I understand you concern. Sometimes getting a second opinion can provide an alternative solutions.
There is always way it just needs the right answers and lawyers understanding.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this will allow me to continue to answer your important questions.

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Customer reply replied 7 months ago
Do I need legal representation for a NCAT claim?
Customer reply replied 7 months ago
Also, can I put a ncat claim in now or should I wait until the first case is closed?
Solicitor: John Melis, Lawyer replied 7 months ago

No you do not.

You can lodge the points of claim your self.

I can guide you though this process.

You should put an NCAT claim ASAP as it places the other party on notice.

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Customer reply replied 7 months ago
Okay, I will do it right now. Thank you. Can you tell me which form on the NCAT page I need to complete. I'm unsure which section it falls under.
Solicitor: John Melis, Lawyer replied 7 months ago

You matter comes under the civil division;

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Customer reply replied 7 months ago
Okay. And do I need legal respect action at the hearing? Am I or my husband required to speak at the hearing?
Solicitor: John Melis, Lawyer replied 7 months ago

You can do the hearing yourself.

When you have time I can talk you through that process on the phone.

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