I have an issue with a rental property agent, wish you can give some professional advice.
I asked a real estate agent to manage one of my rentals property a few month ago, this is first time I work with an agent.
Before we start the contract, I did tell them that I could organise all the maintenance and repair of the property, their responsibility is the rent, and they charge 10% from the rent.
During their management, they organise a few maintenance job without notice me, and the price they charged is way over the market price. i tried to enforce the point above, and it does not work. I finish the contact with them with a lots of hassle, but it is finished. On the last statement they ask me to pay for $280.00 plumbing fee, that I do not even know. I just ignored it.
Today, they email me that if I do not pay this amount, they will put through small claim. What do you think I should do?
Thanks very much作者: AMICUS_LAW 时间: 2010-6-8 18:14:34
Dear Sir
Thank you for your question.
The preliminary point is that a contract can be made up of written clauses as well as oral provisions.
If the parties have agreed that the agent is only responsible for the caring of the property to the extent that all repair and maitenance are at the responsibility of the owner, then it follows the agent breached the contract by engaging himself or herself to work that are not authorised.
Therefore, you are not obliged to pay for all matters relating to maintenance and repair. However, you are required to write to your agent notifying them your intention as well as pointing out the breaches they have committed.