All Topics / Help Needed! / Sue PM for damages

Viewing 6 posts - 1 through 6 (of 6 total)
  • Profile photo of npumpkinpumpki
    Member
    @npumpki
    Join Date: 2004
    Post Count: 6

    [angry2]

    Hi Everyone!

    I am from Sydney NSW, I have bought a property in George Town TAS, the property manager was really bad. She deliberately withheld my rental income and charging me huge maintenance costs such as gardening

    Also, in the very beginning, she insisted my house need painting, or she would not manage my property, she was the only agent in that town. I agreed, it turned out the painting was 3500 shocking.

    Not to mention the delay of the availability for rent and my estimate lost on interest was another 1000

    Finally I terminated her and switched to another agent in Launceston. Now I’m thinking for sueing the PM for breach of fiduciary duty and damages

    What venue can i go

    Thanks

    npumpki

    Profile photo of byronent_2byronent_2
    Participant
    @byronent_2
    Join Date: 2004
    Post Count: 337

    Expensive but worth a try.

    I would just right off my losses and call it a lesson learnt.

    Byronent
    Adelaide SA

    Profile photo of BouncingBennyBouncingBenny
    Participant
    @bouncingbenny
    Join Date: 2004
    Post Count: 10

    Byronet is right. It’s an expensive and painful lesson, but suing for damages would be worse (trust me, I’m a litigation lawyer).

    If you do decide to push on nonetheless, you will likely to have to make your claim in the local court, where it is realistically possible to represent yourself. Be warned, though. Even the filing alone may cost you over $1000, and if you lose the case, you will be exposed to a costs award in favour of your opponent which could easily go past $10k.[cigar]

    Profile photo of timtamtimtam
    Member
    @timtam
    Join Date: 2004
    Post Count: 50

    Hi Npumpki,

    Just wondering how long the PM was holding your rent for? was she holding it aside for you later, or using it for maintenance?

    Did they not get a quote for the painting before it got started… if you were leaving it up to the PM to organise, they’ll pretty much go with the first one. Obviously not what you want!

    I’m just curious as to how she was holding your rent? are they using a trust account? you would presume that they’re doing and End of Month procedure and you would have AT LEAST been paid within the month!

    Cheers [biggrin]

    Tam

    Profile photo of yackyack
    Member
    @yack
    Join Date: 2003
    Post Count: 1,206

    The joys of buying outside your city and state.

    When your not there everyone takes advantage. Nothing beats face to face communication. Its a lot harder to BS a person sitting in your office wondering whats going on.

    PM’s are also more likely to push tenants to properties owned by locals.

    Profile photo of Michael WhyteMichael Whyte
    Member
    @michael-whyte
    Join Date: 2004
    Post Count: 269

    How about the small claims tribunal? Self represent and get it in front of an arbitrator…

    Cheers,
    Michael.

Viewing 6 posts - 1 through 6 (of 6 total)

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