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We have had plans to purchase a block and put a small $4000…

Hi. We have had...

Hi. We have had plans to purchase a block and put a small $4000 deposit on the block in good faith that we would be notified of any other offers. The agent called and told out of the blue it was sold. We were not notified of this. Do we have any leg to stand on? We were not given a chance to move forward even if we were ready. Thanks in advance

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

NSW north coast

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

We have just found out and spoken to the agent who hadn’t returned 3 calls over the previous weeks. She said she had someone who can settle in 2 weeks. We can move forward but had no notification that someone else was interested

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

For example? What do u need

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Answered in 5 minutes by:
4/16/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,569
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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do you have a copy of the contract of sale yet ?

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Customer reply replied 4 months ago
we have been given a contract

Please allow me a few minutes I am drafting a reply for you

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Customer reply replied 4 months ago
Thank you

You may have a claim under section 18 of the Australian Consumer Law misleading and deceptive conduct. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.

An objective test is used to decide whether conduct is misleading or deceptive. The court or tribunal will consider whether the conduct was likely to mislead or deceive members of the class or group of persons to whom the conduct was directed.

The agent cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Your claim may be brought into NCAT.

You can run the case yourself as the tribunal is designed as a low cost forum to resolve disputes.

You may also raise a formal complaint to the Real Estate Institute and they will investigate the agent as well and apply penalties where they have misled the consumer.

Would you like to consider these options.

You have a legal right to protect your interests in this important situation.

If you need any further information let me know and I will be pleased to assist.

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 your important questions.

Have I answered your question today ?

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Customer reply replied 4 months ago
thank you. Where do I give u the rating

you are most welcome

With the Stars above

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,569
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
Good morning John. Sorry it’s early. Just a couple more questions.
Do we have a case against this agent? Can we stop this sale even if the other purchaser has exchanged?
She said she would contact the vendor to see if we could buy it as we are ready to go but did not return our call.
We have already spent money on getting ready for purchase and really disappointed she did not let us know there were other interested parties.
Is it worth pursuing this.
Thanks John
Peter
Customer reply replied 4 months ago
Is this something we take to fair trading and LJ Hooker head office.
She has taken other people’s money and not notified us of this as part of a verbal agreement to do so so.
As you can tell we are very upset by this. We are struggling health workers trying to get ahead.
Again thank you
Customer reply replied 4 months ago
We believe they are in breach of section 55 and if she has taken money she should have supplied some written agreements of some sort

The Australian Consumer Law is the way to go. I suggest you engage a lawyer to commence the action for the next step .

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Customer reply replied 4 months ago
Can we stop the sale?

this will depend on a detail assessment

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