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Answered in 7 minutes by:
3/24/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,326
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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can you tell me more about your situation please ?

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Customer reply replied 3 months ago
Hello, I engaged a real estate agent in Dec 17 to sell my house. I signed for 90 days and the contract expired recently. I am completely unsatisfied with what he did, he didn’t sell my house, I followed all of his instructions and the reason I went with him was because he rated himself so highly and was up for awards and won awards and seem to shine above everyone else. I also paid 3200 approx. to get him started and advertise my house. He didn’t sell my house in 100 days and I have cancelled the contract with him. He made many promises and I was told of at least 7 offers but no contracts ever came to fruition. He is also blaming the tenants that is the reason the house didn’t sell, however he spoke highly of himself that he is a past mediator and can talk his way around anyone and anything. I was unhappy so put up a google review and now have received a letter 5 days later from his lawyer to say i need to remove it due to defamation laws
Customer reply replied 3 months ago
I have done a lot of research on this since and found that as long as it is honest and my opinion (which it all is) it is hard to claim defamation. The legal letter states that I have caused damage to his reputation, business etc. I would like to know where I would stand on this as I feel that I should be entitled to write a review of my experience and it is honest. I didn’t call him any names etc. simply wrote what I experienced. The fact that I paid a lot of money up front for no results also is a concern. I havne’t asked for any money back. THe solicitor has given me 48 business hours to make amends before legal proceedings start and they will also look to claim costs off me. I don’t believe this is fair. I am not sure where I stand. I was thinking of going to office of Fair Traiding about this and and actually asking for half the money back.
Customer reply replied 3 months ago
I also engaged to him to sell my mums house, she is a pensioner and she took it off th market after two weeks and they charged her 1800, which they said there wouldn’t be much cost, however still charged her the full rate for the service in her area. I just feel we have been ripped off and when I did research on him, I can find one bad review on a month ago, but that’s it, no other bad reviews, which is also a concern.

your thinking is correct. Many owners of properties are having trouble with the agents they are dealing with in respect to the promises that are being made by the agent to the seller, which in many ways boarders on the line of puffery and misleading conduct.

I advise once you have rectified the matter of the online post, you can then commence a claim in QCAT for misleading and deceptive conduct by the agent for the failed promises that have occurred, subject to the authority,

you have right to seek compensation when an agreement has not been performed by the other party, which is what has happened in your case,

your claim is brought under the Australian Consumer Law, Competition and Consumer Act 2010 for misleading and deceptive conduct.

QCAT is the administrative tribunal to raise the claim in.

you can manage the claim directly yourself with the online forms from QCAT,

the process is very good and the only main point is that you need two make sure your points of claim in a numbered format.

the law will protect you in this important matter.

I have extended a special offer to talk on the phone, please look, it will help you need.

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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Customer reply replied 3 months ago
Thankyou for your advice, when you say when i have rectified the matter, what would you suggest with this as I don’t believe I have done anything wrong?
Customer reply replied 3 months ago
I read up about puffery so understand some of that too.

Defamation is a complex area of law and if a party ha asked you to remove a negative comment from online it is recommend that you do so and then come back at them under the Australian Consumer Law act QCAT. This is a more powerful approach for you.

the law will protect you in this important matter.

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Customer reply replied 3 months ago
Ok great thankyou for that. I will do this and then follow through with QCAT. THankyou again, you’ve been helpful. One more question, would I bother with trying to get some of my money back?

I am very pleased to help you today.

yes you should claim the monies you paid to the agent back. This forms part of your damages that you will claim against the agent

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Customer reply replied 3 months ago
Ok great, thankyou very much. I will give you a 5 star rating. Thankyou, do I get a copy of transcript via email?

You are most welcome

you can print up the screen as you require

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,326
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
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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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