Agent Fined $10,000 For Negligence Selling Home

Real estate agency Buxton Bentleigh, in south-eastern Melbourne, has been ordered to pay a $10,000 fine for selling a home $40,000 less than what a buyer was prepared to pay, because the agent didn't check his emails.

The Victorian Civil and Administrative Tribunal heard a claim by Justin Toohey that a $560,000 "prior to auction" offer, made via Email at 12:58pm on Friday March 30 2007, was not spotted by the agent selling until the following Monday, and after the property had sold at auction for $520,000.

The subject property was in Lyon Street Carnegie, and was next door to Mr Toohey, who wanted to acquire the property to create a bigger yard.
It was for sale by brothers Mario and Ronaldo Minniti, who listed Buxton as agent after their father, who lived in the house, died.

The Buxton selling agent in question failed to read the email until Monday April 2, and after contracts had been exchanged with another purchaser.

VCAT said the failure of the real estate agent "to read his email messages before the Monday evening, by which time contracts had been exchanged, was a breach of the agent's duy to take reasonable care".

The tribunal heard Buxton's behaviour was neither misleading or deceptive, but "simply negligent".

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