Queensland homebuyer loses $100k deposit and dream home

A Queensland man’s home purchase has turned into a nightmare as he has lost his entire $98,500 house deposit and his dream new home after he was just hours late in paying it to the seller

The five bedroom home at in Shailer Park.

A Queensland man’s home purchase has turned into a nightmare as he has lost his entire $98,500 house deposit and his dream new home after he was just hours late in paying it to the seller.

In a decision handed down by Supreme Court Justice Michael Copley on Thursday, homebuyer Stephen Gary Evans has been ordered to forfeit his deposit to the vendor of the Shailer Park home he agreed to buy in January last year.

Evans unknowingly fell victim to the state’s strict property purchase laws and banking transfer limits.

He lost his deposit on the $985,000 home because he paid the deposit for the five-bedroom home in four instalments, with the last paid on January 25, 2024.

It had been due to be paid on January 23, under the sale contract he signed.

Mr Evans thought he could still buy the home because the real estate agent assured him in a text message on January 24 that he could pay “tomorrow”, he claimed in court that the agent induced him to adopt an expectation that late payment of the deposit was allowed.

But Justice Copley ruled that no promissory estoppel arises because the alleged inducement came from Ms Jan’s real estate agent, who did not act with the actual or ostensible authority of Ms Jan.

On January 23 Mr Evans was told by his bank that he would need to personally attend the bank’s branch if he wished to increase the limit on the amount of money he could transfer, the limit being $50,000 per day.

There was not enough time for him to do so that day and he did not transfer any money to the realtor’s trust account that day, the decision states.

The seller of the home Yea Lan Jan now gets to keep the $98,500 plus interest.

She has owned the Shailer Rd house for a decade, buying it for $530,000 in 2014.

The home in Shailer Park.

Mr Evans was seeking a court order for Ms Jan to proceed with the “specific performance” of the sale contract of the home to him.

Ms Jan resisted the making of the order and sought the forfeiture of the deposit.

Justice Copley concluded that Mr Evans failed to establish that the real estate agent “acted within the scope of her actual or ostensible authority when she” sent him text messages on January 24, 2024.

At 8.52am on January 24 the real estate agent sent Mr Evans a text message which said, “Hi Stephen you may need to deposit today. Call me if you have any issues.”

At about 9.00am Mr Evans transferred $45,000 to the agent’s trust account.

At 9.05am Mr Evans sent the agent a text message which said “Do apologise deposit today and balance tomorrow Very sorry bank is painful to deal with.”

At 10.58am the agent replied: “OK As long as I let seller know. Two deposits today and tmr”.

Mr Evans did not hear anything further from the agent.

The building and pest inspection began at about 2.15pm that day.

The next day Mr Evans transferred the $40,000 and $10,000 to the agent’s trust account at 7:09am and 7:36am, and his brother sent $3,500 at 3.45pm.

But three days later on January 28, the agent told Mr Evans via a text message that Ms Jan did not want to sell the house to him and was going to cancel the contract.

The next day Ms Jan’s lawyers told Mr Evan’s solicitors that Ms Jan terminated the contract because Mr Evans failed to pay the deposit by the due date in accordance with the contract.

Ms Jan told the court that she never authorised the real estate agent or requested her to agree to any extension of time for payment of the deposit.

She deposed that at no time did the agent ask her to agree to an extension.

Originally published as Queensland homebuyer loses $100k deposit and dream home