[Opinion] Problem with Estate Agent

[AmithS]

Hi Everyone,

I have a small investment flat where i have a new agent handling the unit for about 3 months now.

The agent collects the money from the tenant (i know this because i eventually had to go to the unit myself just to verify) but does not pass on the rental to me. I keep on phoning and emailing the guy but i get no response. I have so far only recieved 50% of money due to me and 1 rental statement over the 3 months.

It also appears that he is the caretaker of the sectional title complex. He has a registered company (cc).

What should i do? Should i complain to the estates agents body or just hand him over to a lawyer and take over the tenant directly?

Thanks in advance.

[Dave A]

I'd get a statement from the tenant confirming payments made and then take the matter up with the Estate Agents Board, at least as a first step.

[flaker]

don't have legal background

Immediately: 1) give letter to tenant in writing that no more moneys are to be paid to this "agent" or anyone else except to yourself until further notice.

2)as Dave says above get in writing what amounts were paid by tenant & also copies of any receipts ,paid cheques etc(get it certified as copy of original)

3) get hold of senior person/chairman/treasurer of body corporate to get background of this agent & discuss problem. ask if it is known whether this guy is member of the Estate Agent's Body alternatively you would have to check with the body itself.

4) write letter & have delivered to this agent that his services have been cancelled with immediate effect & demand moneys owed to you to be paid within 3-4days (you elect date by which you should receive payment) failing which you will have to address the problem with the body corporate,report to estate agent's board & take whatever other legal remedy you have to recover the funds.

If above fails , & depending on the amount involved file claim through small claims court or get an attorney.

Hope above helps.

[AmithS]

Thanks guys,

I am also speaking to a lawyer about this