HOW SELLERS TURN LOCAL AGENTS INTO ENEMIES
by Neil JenmanReading time: apx 2 minsHarry and Muriel want to sell their home. Their children have grown and flown so they want to downsize. Plus create extra cash.Before he…
by Neil Jenman
Reading time: Apx 5 minutes
On the beautiful South Coast of New South Wales, there is a beautiful little town (one of many). And in this town, there is a beautiful home for sale. The sort of home that buyers could easily fall in love with.
Which is exactly what happened to one buyer recently.
Jackson is a man of both decency and intelligence. He works in the health industry where he spends his working life caring for other people.
When Jackson saw this home advertised, he was immediately attracted. The photographs were so alluring, especially the ocean views.
He arranged an inspection. The agent told him to hurry as homes as beautiful as this one “don’t last long”.
When Jackson saw the home, he was smitten. In love. The agent – as happens with most agents – didn’t do any “selling”. The home sold itself. The sound of the nearby ocean filled Jackson’s heart with delight. He could imagine himself falling asleep to that soothing sound.
The agent asked if he’d like to make an offer.
An offer?
Jackson would have been happy to pay the asking price (just over a million dollars). But the agent, like many agents, had one thing in mind – a sale. As soon as possible. At any price. Just sign up fast.
The agent said the home was part of an estate and the relatives were “keen to get their money”.
As the saying goes: “Where there’s a will, there’s a relative.”
And sometimes a scoundrel.
Money – especially the non-worked-for kind – brings out the worst in some people.
After a few days, Jackson’s offer was accepted. The agent, urging speed, wanted him to sign the contract quickly.
Despite his love of the home, Jackson’s intelligence made him realise the importance of prudence. He wasn’t signing anything without a legal opinion.
Nevertheless, Jackson drove back to Sydney as happy as he’d been in years. He told his family. He told his friends. Many said they’d never seen him so happy.
A week later, his lawyer called. Heartbreaking news.
Despite the home being built in 2010, there was no occupation certificate (O.C.). Technically, according to his lawyer, this meant it was not legally permissible to occupy the home.
His lawyer’s advice was simple: “Don’t touch it.”
Jackson broke down and cried.
Of all the faults of so many real estate agents, one of the worst is the lack of care for the feelings of buyers and sellers.
Most agents don’t seem to understand that, to most people, real estate is an emotional decision. If buyers love a home – and can afford it – they will gladly pay a superior price. Love comes before money.
But not to many agents. Empathy for clients is negligible. As many clients will attest.
The pressure to decide, the slick lines – such as “there’s another buyer; you’ll need to act quickly” – are all designed to get the sale (and the commission) as fast as possible. Feelings be damned.
Perhaps the most important point that home buyers (and sellers) need to remember can be summed up in five words: “Don’t get your hopes up.”
Until such time as a sale is legally binding (known as “exchange of contracts” in NSW), nothing is certain.
And here’s the next point: Nothing should be certain until you get competent (and independent) legal advice. All checks that need to be done must be done.
No matter how much pressure you get from an agent, don’t short-cut your safety. It’s better to be heartbroken when you’re still able to back-out, than to be trapped for a lifetime.
Always remember to ask yourself the greatest protection question of all. “What is the worst that can happen?”
You won’t know the answer to this question without legal advice. And that means waiting. It means resisting pressure from agents. Sure, it also means risking losing the home you love.
But, just like Jackson, you do not want to be caught with a lemon. No matter how much it hurts to lose a home you love – one which looked (and felt) so beautiful – be careful. Prudence is one of the cardinal virtues. Prudence will protect you.
Don’t let love cloud your judgement – as you’ve probably done in the past.
As so many people do. People like an RACV driver. When buying his home, he “saved” $500 on a building report. He knew what he was doing – or so he claimed.
But being a mechanic is not the same as being a builder.
Two months after occupying his home, large cracks appeared in an outside wall. It cost him $70,000 for under-pinning. And this was back in the 1990s. Failing to get a building report today could cost hundreds of thousands of dollars.
Most problems can be solved. But they need to be tackled early, before they turn into disasters. If something is wrong with a home you want to buy – and the problem was not disclosed to you – ask for the problem to be solved. Make it a condition of the contract.
When Jackson recovered from his distress, he told the agent that he’d still buy the home provided he was legally allowed to occupy it. Seems a reasonable condition. You wouldn’t buy a car if you weren’t allowed to drive it. The same for a home.
But no.
Remember the scoundrel factor? How money (or the greed for it) can bring out the worst in some people?
Well, according to the agent, the owners of this seemingly beautiful home will not apply for an occupation certificate. And get this – given that it’s not illegal to sell a home without an OC, that’s what the sellers (the beneficiaries of this estate) will surely do.
As Jackson said, it seems they are going to “find some unsuspecting dope”.
Don’t let that “dope” be you. Not just on this beautiful home in the beautiful town on the NSW South Coast. Any home in any area needs to be checked out before buying it.
If the agent doesn’t care about your feelings or your safety, you’d better be sure you do.
*****************
Footnote: The law (in NSW and other states) says that agents and sellers must disclose “any material facts that could influence a buyer’s decision”. But when money is involved – especially in the real estate world – don’t count on everyone obeying the law. Count on your prudence.
******************
To comment on this article, please click here.
To contact us, please click here.
To follow Neil on Twitter, please click here.
To visit our Facebook page, please click here.
To read more Articles, please click here.
******************
Laura says:
Oh my goodness, what a lucky escape for Jackson. His dream home is out there. A little patience and diligence, it will reveal itself. Thanks for sharing this article. So many rogues out there are keen to part you with your hard earned money.
Adriane says:
This is so true. The lesson is, never take advice from someone who stands to profit from your decision.
Hinayni H says:
hi Neil thank you for this article…it’s obvious in 2025 in Australia that real estate agents are nothing more than money laundering criminals but it’s also sad that in my experience home buyers are also scammers that will rip off home sellers. I’m beyond jaded about real estate and I just don’t have the dark mindset needed to get involved in real estate nowdays
Mel Phillips says:
I read Neil’s articles with amazement at the support he provides.
He helped my wife and I sell our home and his advice was invaluable.
His books are full of great advice.
When I think of Neil and his team, words like integrity, honesty and trust spring to mind.
Col Sarll says:
Excellent article, Neil, once again. Keep up your good work!