Tamarama home owner threatens Double Bay real estate agent with AVO

A woman has warned a pushy Double Bay real estate agent she will seek an AVO against him if he continues to “threaten” and “harass” her into selling the family mansion.

An eastern suburbs mother has resorted to threatening a pushy real estate agent with an apprehended violence order if he continues to “threaten” and “harass” her into selling the family mansion — which she insists is not for sale — to a multi-millionaire Afterpay executive.

The conduct of McGrath Double Bay agent Simon Exleton has prompted an apology from his employer, which has told him not to contact Vanessa Fennell again.

Last Monday, Ms Fennell received a third cash offer from Afterpay global chief financial officer Luke Bortoli to sell her Tamarama mansion for $12.5m.

This was despite telling Mr Exleton, through whom the offer was made, that her family home is not on the market.

Mother of two Vanessa Fennell is said to have been left feeling distressed over efforts to sell her $12.5 million home in Tamarama, Sydney. Picture: Gaye Gerard

The desirable five bedroom mansion in Wolaroi Crescent, Tamarama, Sydney, is in high demand. Picture: Gaye Gerard

The mother of two had sent legal letters for more than a year warning the agent and auctioneer to “back off”, insisting she and her husband never engaged an agency to sell their five-bedroom, three-bathroom property in the exclusive suburb despite being embroiled in a separation settlement.

“Neither she nor her husband signed a contract to sell their home,’’ a source close to the family told The Daily Telegraph. “The agent heard through the Tamarama grapevine they had split and contacted her husband asking if he’d sell. He said ‘not unless I get a ridiculous offer’.

“Since then the agent won’t back off. The couple are separating and deciding their assets but it’s agreed Vanessa and the children will remain at the family home, it’s a stable home for the children in the middle of the separation.

“The agent keeps coming with increased offers from Luke Bortoli. There have been three, and texts and emails, to her and her ex. She’s so stressed.”

McGrath bosses have warned “overenthusiastic” McGrath real estate agent Simon Exleton not to approach Mrs Fennell.

Outgoing Afterpay CFO Mr Bortoli has been looking to upgrade his Tamarama apartment thanks to the multimillion-dollar status he has earned from the lucrative Afterpay options he cultivated. There is no suggestion Mr Bortoli was aware Mr Exleton’s conduct had caused Ms Fennell such distress.

Last year, the McGrath agent relayed a verbal cash offer from the businessman for more than $10m, which was rejected by the couple. In a letter to Mrs Fennell expressing his interest last May, Mr Bortoli increased his offer by $2m.

“We have been looking for the right family home all year and have seen properties both on and off market,’’ Mr Bortoli wrote. “Your house was mentioned to us and we have driven and walked past many times. Simon has indicated $12m to be the value of your home, which we have the ability to fund.”

Vanessa Fennell seen at her home in Tamarama. Picture: Gaye Gerard

A legal letter from Ms Fennell’s lawyers in February called on Mr Exleton to cease marketing the property and warned she would seek a personal apprehended violence order if contact persisted.

“For an unknown reason you continue to seek access to our client’s principal place of residence — the property is not on the market,” the legal letter stated. “Our client … feels harassed and threatened by your continued communications to her.’’

McGrath CEO Edward Law apologised to Mrs Fennell in a letter acknowledging the agent’s actions did not “match” the behavioural standards and code of conduct expected of employees.

Luke Bortoli said he did not know the vendor personally and never instructed an agent to act for him.

“We do not know the vendors and have never had any direct communication with them,” he said.

“At the request of the agent, we put in several offers for the house on the understanding it was on the market. We’re sorry if that was not the case and are very happy to look elsewhere.”