In the first of two cases, a seller whose Birkdale home sold just prior to auction has claimed she should be relieved of obligation to reimburse Ray White $3.4k marketing fees because the agency failed to detail how the money was spent.

The marketing fees had been paid up front but when accounting to the Wellington Point office, Roslyn Coak’s lawyers – on her instructions – deducted that sum from its cheque for agent’s commission.

Sued by the agency in the Queensland Civil and Administrative Tribunal (QCAT), Roslyn also asserted he never wanted the auction in the first place and that “advertising and marketing were not done according to the contract”.

Ray White was able to produce the marketing plan she had signed off on, and to detail the cost is incurred for newspaper advertising, photography, signage and the auctioneer’s fee.

Mrs Coak was ordered to pay up the short charge within 28 days.

In the second instance, a seller refused to pay $6.7k due “on settlement” of a Mermaid Waters home because it did not sell. Brad Hunt claimed he only listed the property on the advice of agents Harcourts that it would fetch higher than the top bid at auction. The tribunal ruled that by withdrawing the property for sale, Hunt was nevertheless liable for the marketing expenses incurred and agreed, regardless there was no “settlement” .

I & E Holdings Pty Ltd t/as Ray White Wellington Point v Coak [2014] QCATA 321 Senior Member Stilgoe, OAM 27/10/2014

Harcourts Coastal v B. Hunt Pty Ltd as Trustee [2014] QCAT 600 Adjudicator Trueman 11/11/2014


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