Forums / Getting Technical / Legal & Accounting / Negligent property manager

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  • Profile photo of CradleCradle
    Participant
    @cradle
    Join Date: 2013
    Post Count: 11

    HI

    I am after some advice about recovering damages from a negligent property manager. I engaged Walshe and Whitelock in Brunswick to manage my property while I was overseas. They did a terrible job and didn't tell me that the tenant had requested repairs for the whole year. The tenant eventually took the matter to VCAT and I had an order made against me and was forced to pay compensation. It was only then that I found out that this matter had been ongoing for the whole year and Walshe and Whitelock had not bothered to tell me about it and had lied to the tenant saying that I had refused the repairs. Once I found out about the matter I immediately agree to pay for the repairs. Despite that Walshe and Whitelock were clearly negligent in failing to inform me and for that reason I suffered loss in the compensation I had to pay the tenant. Is there any way I can recover this?

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,190

    See a solicitor. Easy to sue.

    You could also have a bad credit rating for the next 5 years too. Get a copy of your credit file and see if the judgment is listed.

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of CradleCradle
    Participant
    @cradle
    Join Date: 2013
    Post Count: 11

    Thanks Terry

    Would you know where I could get a copy of my credit file from to check whether this has damaged my rating?

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,190

    Just do a google for "veda credit report free" and please report back.

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of CradleCradle
    Participant
    @cradle
    Join Date: 2013
    Post Count: 11

    Great. Thanks for the advice Terry. If this has affected my credit rating I will be rightly peeved. 

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,190

    That is understandable. Many years ago someone turned up at my door and serves some court documents upon me. I had judgment against me for unpaid council rates. First that I knew about it. I immediately paid but a judgment for $499 appeared on my credit file for 5 years.

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of CradleCradle
    Participant
    @cradle
    Join Date: 2013
    Post Count: 11

    Unbelievable! It's completely ludicrous that these agents are being paid to do their job but they can't even manage that and their negligence affects the client's reputation!

    Profile photo of jmsracheljmsrachel
    Participant
    @jmsrachel
    Join Date: 2012
    Post Count: 711

    They should change their business name to Incompetent & dishonest.

    Profile photo of Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069
    Cradle wrote:
    Thanks Terry

    Would you know where I could get a copy of my credit file from to check whether this has damaged my rating?

    https://forms.mycreditfile.com.au/Apply/Personal/Credit/Step1.aspx?form=MyCreditFileExpress this is the paid version that arrives within a day or two.

    You can order it for free as well – but will take a couple of weeks.

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
    Email Me | Phone Me

    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of CradleCradle
    Participant
    @cradle
    Join Date: 2013
    Post Count: 11
    jmsrachel wrote:
    They should change their business name to Incompetent & dishonest.

    Agree it would be a much more accurate description of their services…or lack thereof!

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,018

    As Terry suggested i would be seeking the opinion of a Solicitor (Terry is one by the way but too modest to tell promote his services) as sounds like a case of imcompetance.

    Cheers

    Yours in Finance

    Richard Taylor | Mortgage Broker helping investors build their wealth thru property
    http://www.mortgagecapitalaustralia.com.au
    Email Me | Phone Me

    0-40 Properties in a decade with a unencumbered portfolio value in excess of $40M. Ask me for a copy of my API Interview.

    Profile photo of CradleCradle
    Participant
    @cradle
    Join Date: 2013
    Post Count: 11

    Yes, incompetence of the highestt order. It is concerning that agents of this nature are still able to hold a licence.  

    They should be struck off the register before they cause other people to lose their hard earned money. 

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,190

    You could report the agent to the Real Estate Institute of your state.

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of CradleCradle
    Participant
    @cradle
    Join Date: 2013
    Post Count: 11

    Thanks Terry. 

    I will give that a go. My concern is that all the chumps in the real estate industry tend to look out for their own so it is doubtful. If they will act against the interests of their members. 

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,190
    Cradle wrote:
    Thanks Terry. 

    I will give that a go. My concern is that all the chumps in the real estate industry tend to look out for their own so it is doubtful. If they will act against the interests of their members. 

    They do it all the time – ie act on shonks. Not sure what powers they have though.

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of vagirl2012vagirl2012
    Participant
    @vagirl2012
    Join Date: 2012
    Post Count: 47

    Sounds like you've got a pretty clear cut case against them for negligence as well as professional incompetence!  Def see a solicitor – maybe one of those "no fee if we lose" places first and see what they say.

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