Buxton Bentleigh has been fined $10,000 for missing an email which cost its client four times that.
The Victorian Civil and Administrative Tribunal heard a claim by Justin Toohey that a $560,000 “prior to auction” offer, sent at 12:58pm on Friday March 30 2007, was not spotted by the marketing agent until the Monday after it was auctioned for $520,000.
The would-be buyer owns a neighbouring home and wanted to extend his yard.
The subject house, in Carnegie’s Lyons Street, was listed by brothers Mario and Ronaldo Minniti as part of an estate (story continues below).
VCAT deemed the broker’s failure “to read his email messages before the Monday evening, by which time contracts had been exchanged” was a duty of care breach.
The tribunal added the behaviour was neither misleading or deceptive but “simply negligent”.