Real estate agent’s brutal texts to homebuyer exposed
An Aussie house hunter’s blunt exchange with a real estate agent has gone viral after questions were raised about the tactics.
Texts sent by a Sydney real estate agent to a prospective buyer have raised the question – just what is an agent allowed to say in their efforts to seal a deal?
In the exchange, the agent told the house hunters to “forget about this one” if they could not put an offer together in the next 40 minutes, without a chance to read building reports.
Weeks later the property located in the city’s west was still on the market, despite the would-be buyers being told “this is selling”.
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TikToker Simon Berry shared the messages in a video posted on Sunday, in which he questioned whether the agent had been using false deadlines to induce an offer.
According to the video, the back and forth between the unnamed agent and buyers took place on February 14, less than an hour after an inspection was held at the property.
The agent said he had two offers for the home that were “both at the top” of the price guide between $750,000 and $800,000.
Then the would-be buyers asked: “OK can you please send me the bug and pest, building and the contract of sale. Thanks.”
The response came: “please submit the offer by 7.30. This is selling.
“Reports been sent. You have 40 mins.”
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The prospective purchaser said they would not be able to make an offer that night.
“We will go through all the documentations first. If it does sell tonight, then it is what it is,” the message read.
That drew a blunt response: “Then forget about this one.
“This is not an auction home it’s a private sale.
“That’s what a cool off period is for.
“You didn’t buy at auction, now you won’t buy at private treaty.
“Please do not waste your time.”
The next day, the agent then issued another deadline telling interested parties they had until 6pm to make an offer.
Mr Berry, however, revealed another friend of his texted the agent a week later asking “is this still for sale?”
The agent replied: “Hi yes is your budget 800? With finance approval?”
“Remember the agent said ‘this is selling’ on Friday 14th of February,” Mr Berry continued.
“Guess what, it’s been more than three weeks now and it’s still for sale.
“You might be wondering can an agent legally say ‘this is selling’ and then say ‘you have 40 minutes’ to pressure someone into making an offer?”
He pointed to legislation under the Property and Stock Agents Act 2002 that outlaws conduct that would “reasonably tend to lead to a belief in the existence of a state of affairs that does not in fact exist”.
“A person (the agent) … must not induce any other person to enter into any contract or arrangement by any statement, representation or promise that is false, misleading or deceptive (whether to the knowledge of the agent or not).”
An offence under this section can attract a penalty of up to $22,000.
The Australian Competition and Consumer Commission states it was “illegal for real estate agents to mislead consumers, regardless of whether this is deliberate or not”.
A NSW Fair Trading spokesperson said agents must be open and honest with clients and customers, and “enquiries” into this incident were underway.
“An agent must also not mislead or deceive a person in property negotiations or transactions, nor engage in high pressure tactics, harassment, harsh or unconscionable conduct,” they said.
Fair Trading Minister Anoulack Chanthivong said the Strata and Property Services Taskforce was working with industry “to ensure a trusted, compliant and sustainable real estate services sector”.
“The Strata and Property Services Taskforce will use intelligence to target high risk and repeat offenders, increase compliance operations and work across the industry to improve consumer outcomes through strengthened laws and education,” he said.