Lilly Vivlios – wife of developer Jim Vivlios – has lost her case against agent Lucy Cole Prestige Properties of Broadbeach, over who must pay the cost of an unsuccessful marketing campaign for the sale of her Gold Coast mansion.
Although the form 22a appointment of agent paperwork clearly specified that the seller was responsible for advertising , Vivlios refused to pay on receipt of the agency’s $22k invoice.
That’s because Mr and Mrs Vivlios claimed that Lucy Cole’s appointment was subject to an oral qualification, that marketing was to be “paid from the proceeds of sale”.
What’s more, their case was that in the event no sale was achieved, the agent must wear the advertising expenses.
Such arrangements do occur but proving them is difficult when the written agreement says otherwise.
QCAT senior member Peta Stilgoe upheld an earlier tribunal ruling in favour of the agent.
“There is no reasonably arguable case that there was an oral contract that was different from the written contract.”