JMP 82

price negotiable... will consider genuine offers...

you can spray it! haha anyone else interested?

bump...

any takers? top car, no mods except exhaust, low kms, full service history... doesn't get much better...

Hey guys, Got a good mate who is selling his RX7. Only has 40,000kms and has been serviced every 5,000kms with Maztech. All service history available. He's a busy man so has asked me to help him out with the sale... See car here! Call me direct if you or anyone you know might be interested... Looking for a reasonably quick sale to free up some cash for an overseas trip... Cheers! Jase 0423 686 341

Any progress/result Al? Interested to know what happened...

the crux is that the vendor doesn't want to pay an undeserved comm to the agent... i'm sure the vendor is happy to sell at the asking price, but why should they lose $10k to the agent when they almost lost the deal all together? it's the law - if al buys this house from the vendor, the agent is entitled to comm because they introduced the house to him... it doesn't matter if the sale is done privately, or through a solicitor... even if the vendor can prove the agent's malpractice, they will still end up getting all or part of the comm...

re plot thickening: that is pretty poor form... your call of BS is more than likely on the mark... btw, i assume the agent doesn't know you are speaking privately with the vendor? another thing you can do is suggest to the vendor to send a family member or friend to the agent as a fake buyer, get them to try and put an offer in on the house, and then it takes the burden off you if it does go to court or what not... a lot of my vendors send fake buyers to OFI's just to test me and see if i am actually working for their best interests... i treat every buyer like they are the ones who are going to buy the home... you can pick the tire kickers early, but as soon as someone wants a second inspection, then BANG, they are keen... i work in a family business that has tripled in size from scratch in the past 20 years... there used to be 5 agents in our suburb, and now it's just us... we are doing something right... it's a shame to see people like the guys you mentioned in the industry that tarnish our name...

i think the privacy act would restrict the agent actually showing a contract to a party that is not involved... however, in saying that, i don't think the agent would tell you there was a higher offer rejected unless there actually was... two reasons: 1- it may deter you from buying the house and losing you to another ppty or even agency 2- the agent (which does happen) can use the low offer to condition the vendor into thinking the house is only worth that much money... ie. if he takes 3 offers to the owner between 315k and 320k, then the owner will probably take an offer around the 325k mark... if he doesn't take any offers, then the owner will still be looking for the 350k... if an offer is made and rejected, the property is no longer under offer - as soon as an offer is rejected, the offer becomes void, so the owner can't come back two weeks later and say "i'll take that offer that came in two weeks ago for $x"... if it was not rejected then i don't think there are any rules stating that an agent must publicly advertise if a property is under offer... bit of a grey area but it can be both beneficial and detrimental to state this... it may deter a buyer from putting in an offer because they may feel they are 'wasting their time', but it could also push a buyer to come in at their top price so they don't miss out on the home... re your story: you have to remember that the agent is working for the seller, not the buyer... if an agent thinks he can get a better offer from another party, then they more than likely will hold onto an offer until he knows it's the best he can get at that time... the way you can do this and work within the law is simple - take the offer to the owner and tell them "this offer just came in but i have another interested party and i think we should wait and see what level they come in at"... no doubt if you go back to the buyer and say "he has rejected your offer, but there is a chance he may take the same price or only a couple of hundred dollars more if nothing better comes in in the next couple of days"... you hold onto your buyer and also buy time to see what the other party wants to put to the owner... the agent every time will refuse to put the owner on speaker when discussing an offer with them... it's also against the privacy act to allow a prospective purchaser to listen in on a conversation with a vendor because they may divulge personal information that should be kept within the vendor/agent relationship... there is a provision on a contract where if you put in an offer, there is a deadline... if nothing is written, it's 3 days, however the purchaser has every right to make it 1 day or 7 days or whatever they want... this can put pressure on an owner to make a decision and can be worth doing as a buyer... fact 2 - that is correct however if a vendor signs an authority with another agency after the authority with the first agent has expired, then it doesn't matter if a client who had been through the property 10 times with the first agent, they are not entitled to commission... the second agent takes full commission on the sale... therefore, your conclusion isn't right... in answer to your question - the vendor isn't trying to 'screw over' the agent, but is avoiding paying them fees for a dodgy job... if a plumber comes and fixes a leaking tap and then a week later the leak starts again, would you consider it 'screwing over' the plumber because you want your money back? re your final point: they vendor doesn't think the agent deserves commission as they shouldn't be paid for doing a bad job (like the plumber)... if they do pay the comm, then everyone isn't happy... plus, if Al has all but done the deal privately with the vendor, then why should the agent earn the commission? on a home worth in the early 300's, the commission would be somewhere around the $10k mark - a considerable amount to pay someone for not working in your best interests...

there's a number of regs the agents have breached- 6. Fairness and honesty An agent must at all times, in the conduct of his or her profession, act fairly and honestly and to the best of his or her knowledge and ability. 7. Best interests of the principal (1) An agent must not accept an engagement to act where to do so would place his or her interest in conflict with that of the principal. (2) An agent must act in the best interests of his or her principal except where it would be unreasonable or improper to do so. (3) An agent must not knowingly mislead or deceive any parties involved in negotiations or a transaction. 8. Duties and obligations An agent must have a working knowledge of the duties and obligations of an agent towards his or her principal. 10. Compliance with legislation An agent must not in the conduct of his or her profession contravene or fail to comply with any statute, rule or regulation in force in Victoria to the extent that it is relevant to the conduct of his or her profession. 11. Good estate agency practice (1) An agent must not engage in conduct that is contrary to good estate agency practice. (2) An agent must exercise skill, care and diligence in the conduct of his or her profession. (3) An agent must not engage in conduct that is detrimental to the reputation or interests of his or her profession. 16. Exaggeration or concealment An agent in the conduct of his or her profession must not engage in any form of exaggeration or concealment. 18. Communication of offers An agent must communicate all offers to his or her principal as soon as possible.

depends on how long is left on the agreement - there is a space where you nominate the period the agency has exclusive rights... if it is 60 days (the norm) but it was signed 45 days ago, then of course there is only 15 days left and the vendor can move agents... 1. She can, but it may be a long winded and drawn out process... something i must point out is that a vendor can withdraw her property from the market at any point, but she cannot use another agent during the exclusive period... so if there's 30 days left on the authority, she can pull it off the market now, but can't sign with another agency until the 30 days has elapsed... what i would do if i were the vendor is pull the property off the market (to save advertising costs) and then as soon as the exclusive period ends, she can do what i mentioned in number 4 in my first post (appoint another agent as a 'handler' for a small cost)... 2. Don't name the agents... best to deal with this stuff privately... at the end of the day, you can speak to a solicitor about the situation to see what the best way to handle it is, but the i truly believe the only way the vendor can sell the property to you in a way where the first agent can't claim comm is by appointing another agency...

this is a breach of the act - an agent has to give EVERY WRITTEN OFFER to the owner, no matter how stupid it may be... 1. i think he means the contract between the agent and vendor (the exclusive sale/auction authority)... 4. either way, the agent can claim commission...

I'm in the game and can help... 1- she can report the incident to consumer affairs and/or the REIV (real estate institute of vic) and they will assess the case and make the appropriate decision... it's a bit of a grey area as the agent can say that they didn't consider you a serious buyer, however, there are no rules against the agent showing you the property even though it is under offer... my take on it is that the agent has breached a number of sections of the estate agents act and also the professional conduct regulations and there are pretty heave fines involved... 2- CAV or REIV - CAV first... 3- well if a property sells while there is an agency appointed as acting agent, then the agent is entitled to commission - this is to prevent the situation where there is an agent's signboard on a house and a passer by knocks on the door and offers the owner 10k less than what they want as they will be saving on agent's fees... the problem lies in the fact that if you buy the house privately and the other agent finds out, regardless of whether they have breached acts or regulations, they can claim commission as they 'introduced' the property to you while they had it exclusively listed with their company - all they have to do is show a record of your inspection on the saturday (which they no doubt have) and they get their cash... NB: it doesn't matter if you buy it privately 12 months down the track after the exclusive agreement between vendor and agent is ended, if you buy it privately, they can claim commission... 4- here's the good bit... if you want to get around this as cheaply and sneakily as possible this is what i would do... make a private agreement with the owner (if you can) on a purchase price... once the exclusive authority period is over with the current agent, you get the vendor to list the property with another agency but she tells them this... "i want to list my property with your agency, however i have a buyer who i have made a private deal with and i want you act as the 'handler' of the transaction. for this i will pay you $1000 commission (which is alot cheaper than she'd be paying the first agent) and all you have to do is write up the contracts and i and the purchaser signs off on them"... this way the first agent can't claim commission as the second agent had exclusive authority over the property when it was sold ie. they have no leg to stand on... what area are we talking here by the way?

i met someone from england today... and my dad is also from england, but i wouldn't consider meeting him every day as meeting someone from england... the guy i met was another person from england all together... you won't like this place... welcome!

hi

..

every day?

good info... thanks man...

so kill the late shake and add meusli to the morning shake? sounds ok... btw, the idea of the late shake was to add just another 'meal' to the day...

question... can you have too many protein shakes in one day? you see, i figured if i eat 3 normal meals with protein shakes between each one, my body will sense an intake of protein very regulary through the day and therefore i expect my metabolism will pick up big time... i'm talking: shake @ 8am meal @ 11am shake @ 1pm meal @ 3pm shake @ 5pm meal @ 7pm shake @ 9pm

you're in dood...

good advice...

i drive to and from work right through the roadworks on ftg rd near wheelers hill hotel and i have never seen anyone on laser there... further, 80% of people are doing well over 60kms going down that hill and have never seen anyone pulled over... unless you guys just started on the case, i'm surprised i haven't seen you there yet - but cheers for the heads up... i'll be watching my speeds (admittedly, it's very easy to sneak a little over)...