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I made an offer on a house last weekend and was told someone…

Customer Question
Good afternoon....

Good afternoon. I made an offer on a house last weekend and was told someone had offered $25,000 over my offer and was told even though the person did not have finance approved yet I should offer the extra $25,000. I declined as the person did not have the finance and the property is now on the market again for offers between $450,000 and $495,000 and I had offered $475,000 with flexible settlement as the vendor was reluctant to see but is very frail and I don't need to move in a hurry. I don't believe this offer has been tabled to the vendor and I have not had a return phone call since the property went back on the market.

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

NSW.

Lawyer's Assistant: What steps have you taken so far?

None... I was thinking of calling the real estate again, but I don't believe it will achieve anything. A friend of mine had similar issues with this agent.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes... I'm a cash buyer and the new asking price advertised is still under my original offer.

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/16/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,320
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 4 months ago

you may have a claim against the the agent for misrepresentation

have you considered that option ?

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Customer reply replied 4 months ago
Not yet. I have only just noticed that the house is back on the market after being under contract. I assume the person with the $500,000 offer did not get financial approval... If that was the truth as the property was on the market for between 435K and 470K. I made an offer an hour after viewing and was told the top limit had already been reached so I offered 475K and she got back to me the following day saying the other person with no finance approved had already upped their offer to 500k. Why would you offer $25 grand above the highest offer. She was also feeding me ball park figures to get me to offer higher than the other parties.
Customer reply replied 4 months ago
I want to buy the house. I will follow up myself... Your help is much apppreciated. Thank you
Solicitor: John Melis, Lawyer replied 4 months ago

yes based on what you have said the agents puffery may be extreme to the point of mislead.

your first step is to raise a complaint

What you need to do is to write a formal complaint to the company. This complaint needs to be in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The complaint needs to be in a chronological order with numbered points 1, 2, 3, etc.

The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 14 days to apply.

The complaint then needs to be sent to the dispute resolutions department. Make sure you keep a copy for yourself.

Preferably send the complaint by email.

If you do not receive a reply within 14 days issue a follow up complaint to the first complaint issued.

If no response is received then it is time to commence an action in the local tribunal.

Would you like to try this !

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Solicitor: John Melis, Lawyer replied 3 months ago

If you need any further information please let know.

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

Don’t forget to rate me 5 stars as this supports me helping the community, and thank you for using Just Answer.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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