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  • Agent Alert- West Auckland -

    .............. I am breathing deep breaths....breathe breathe

    An alert for property traders

    I just had a fantastic 'learning experience' (I am being positive) with the "licensee/branch manager" of Raywhite, Royal Heights....

    --Went u/c on a property in west auckland on Tuesday
    --Deposit payable on u/c - $5000
    --Back from Chch from a funeral on Thursday am
    --Call from branch manager on Thursday pm stating 'I am obviously an investor by the way the contract is written up' and is advising the vendors solicitor to issue a despot notice because u/c was last Friday. I advised deposit would be paid Monday 4th. His tone and attitude was quite negative
    --I sent a fax stating that he needed to get his facts straight, I didn't like his tone, and that was fine to have notice issued as technically it was due Tuesday, and I would not buy or sell through his office again
    --I advise him I will be paying my lawyer instead of his trust account
    --I advise I will be sharing my experience with my property friends

    --I had requested access to show some buyers through on Friday
    --He turns up, speaks to the vendor and has me 'removed' from the property
    -- He advises me that he is now dealing with my buyers


    His parting comments as we walked down the drive included:

    --I have a moral issue because the vendor had lost her husband and has 2 children, he didn't like the fact I bought it $25000 under rv
    --He tells me I have an ethical issue because I am placing the money with my lawyer
    --He tells me I can not have access to show potential buyers

    Now here is the lesson:
    --About the guy, well I''ll leave that up to you
    --The condition said that the vendor allows access for ' potential tradespeople, professionals and tenants"
    What I should have said was "potential tradespeople, professionals, purchasers and tenants"

    What do I do now?
    --Cut the agent out
    --I am going to visit the vendor and apologise to her, it was an embaressing situation for everyone
    --Explain that as well as buying and selling houses, I do them up, help people into their first home etc
    --Try to gain an agreement for access

    Another lesson in the property game

    Keep smiling
    Last edited by rustica; 01-12-2006, 03:34 PM.

  • #2
    I think I learn something from RE Agents every time I deal with them. Good to see you taking the positive out of it all.
    [email protected]

    Comment


    • #3
      You didn't bat your eyelids enough rustica :-)
      One comment. Do you print out your S&P's. I have gone to using a hand writing font on mine so they don't look so professional as I was getting some negative feedback with slick looking ones. I have 3 fonts that look like untidy handwriting and once they are faxed you would never know a computer had generated them. It helps!!

      Comment


      • #4
        potential tradespeople, professionals and occupants
        covers all bases (Flick, Rent 2 Own, Traditional Tenant)
        DFTBA

        Comment


        • #5
          Hello rustica,

          I hope you were expecting a reply from me because here is one anyway.

          1/ I cannot comment on what was actually said or the tone in which it was said. I would assume though that the branch manager has exactly the same opinion of you as you do of him.

          I just had a fantastic 'learning experience' (I am being positive) with the "licensee/branch manager" of Raywhite, Royal Heights....
          Bad form, naming a person without any evidence other than your opinion. I hope you will later feel the need to regret doing this.

          --Went u/c on a property in west auckland on Tuesday
          --Deposit payable on u/c - $5000
          --Back from Chch from a funeral on Thursday am
          --Call from branch manager on Thursday pm stating 'I am obviously an investor by the way the contract is written up' and is advising the vendors solicitor to issue a despot notice because u/c was last Friday. I
          If confirmation had been on Friday (I only have your word that it was not) then you were in contractual breach of 2.2. If you were crrect and conrmation was on Tuesday then ignore the notice issued and smile at the vendor for his ignorance. Did you?
          advised deposit would be paid Monday 4th.
          Too late. You are in breach, ie breaking your word.

          His tone and attitude was quite negative
          --I sent a fax stating that he needed to get his facts straight, I didn't like his tone, and that was fine to have notice issued as technically it was due Tuesday,
          Fine, but this should have gone from yoyur lawyer to the vendor's lawyer. Tell the agent you think he's a jerk if you want, but so what? That's life, we all have jerks to deal with.

          and I would not buy or sell through his office again
          I don't believe you. If the right property came up listed by them then you would buy through them.

          --I advise him I will be paying my lawyer instead of his trust account
          Again you will probably be in breach of your contractual obligations and if the vendor knows what he/she is doing your contract to buy will be cancelled and you will lose out.

          --I advise I will be sharing my experience with my property friends
          Fine, that's your call.


          --I had requested access to show some buyers through on Friday
          aside from the confirmation date issue, if this was prior to confirmation would this have been allowed (ie before confirmation), even if you had wordrd the clause correctly?

          --He turns up, speaks to the vendor and has me 'removed' from the property
          -- He advises me that he is now dealing with my buyers

          Quite right too. He was doing his job by protecting his vendor's interests.




          Now here is the lesson:
          --About the guy, well I''ll leave that up to you
          --The condition said that the vendor allows access for ' potential tradespeople, professionals and tenants"
          What I should have said was "potential tradespeople, professionals, purchasers and tenants"
          Now, here is the lesson.

          Get to know your rights and obligations inside out before playing this game.

          Don't bad mouth other people who are merely doing their job correctly, but in so doing are frustrating you because you are not doing your job correctly.

          What do I do now?
          --Cut the agent out
          How? That the vendor's decision, not yours.

          --I am going to visit the vendor and apologise to her, it was an embaressing situation for everyone
          Why? As the vendor I would tell you to get off my land.


          --Explain that as well as buying and selling houses, I do them up, help people into their first home etc
          So what?


          --Try to gain an agreement for access
          the vendor should tell you either to leave or to speak to his/her agent or lawyer.

          Another lesson in the property game
          I agree.

          Sorry if this sounds harsh, but it is what I believe is closer to the truth. And I really do have an issue with anybody bad mouthing a person on this site who cannot really reply, especially when those negative comments are based on opinion and lack of knowledge.

          xris

          Comment


          • #6
            Hello Rustica,

            If you are still reading this and have not yet walked off cursing me, here is a more practical solution to your immediate problem.

            I assume first that you still want to buy the property.

            Pay the deposit immediately. You have been served a section 2 notice so this now needs to be in cleared funds, not a personal cheque. Walk into the RE Agent's office or the vendor's solicitor's office, hand over $5,000 cash (a bank cheque will probably suffice but cash is safer) and get a dated and timed receipt. Your solicitor should deal with this but some lawyers can be slack so doing it yourself might be preferable. Naturally, let your solicitor know when you have paid it.

            Settle as soon as you can and then do all you want to do regarding taking people through - it will after all then be your property to do with what you want. In the meantime stay away! Stay away from the property and from the vendor and from making any comments about anything.

            You have a right to a final inspection. You should do this. However, if the vendor instructs her agent to take you through then you have not really got a say in the matter, especially as the agent is also the branch manager and licensee. It may well be that the agent will send someone else to show you through but who knows.

            And then I agree with your conclusion - put this down to a learning curve.

            xris

            Comment


            • #7
              The agent/salesperson mentioned has been an acquaintance / workmate for 40 years in Real Estate and in our previous career. To hear one side of a story on a forumn as this when there is no right of reply is a cheap shot. Xris has made some valid replies. To be successful in any profession you need to know the rules, especially in Real Estate. This agent is dealing with all sorts of purchasers and I can tell you first hand some of them try to put one over on you and do not know as much as they think they do. Put yourself in the vendors position and then ask yourself if you want an agent to look after your interests or just do anything to get a quick sale.

              Comment


              • #8
                Ouch. Sticky situation here. Perhaps you should offer them an extra 25grand to make ammends.
                You must be careful when letting off steam on the net,even more so when it's easy to know who you are in this case. I can see you are frustrated but sometimes "thought" is better than "action". Think first,think carefully.

                Comment


                • #9
                  hi rustica,
                  thanks for sharing this, its great to know im not the only one out there who is seen as a greedy property investor. Well done for buying 25 grand under thats what we do im sick of agents and even sometimes family calling me money hungry. Damn straight i am i don't risk all my current properties ever time i do a deal just to break even. On the deposit you should of held back to after you got the four day letter your entitled to if you weren't the law wouldn't be four days ! And im picking since its only 5 grand the vendor isn't going to see a cent the only one to benefit is the agent so make them wait , personally if i was the vendor i wouldnt pay my lawyer to write a letter just so an agent can take their cut especially when they talked the vendor into selling cheap !

                  good luck

                  Comment


                  • #10
                    I can’t figure out why there is confusion over the u/c payment.?

                    Was there an agreement or not?

                    Who was in breach?

                    Is it fair for an agent to cut a professional no slack because they should know the rules of the game perfectly.

                    This all seems odd to me.

                    Comment

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