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REIQ Journal : March 2010
Contact QLD's specialist Agency & Rent Roll Brokerage team. Confidentiality assured Extensive range of Brokerage services available Rent Roll 'health checks' to prepare Rent Roll for sale Paul Brooks 0419 731 390 email@example.com Stephen Gray 0404 069 824 firstname.lastname@example.org Carol Levitt 0412 468 462 email@example.com www.realestatedynamics.com.au 1300 734 596 Buying or Selling a Rent Roll or Agency? Record keeping for sales agents Similar practices, namely the comprehensive and contemporaneous recording of all key discussions and events, can be applied to property sales. This will certainly go a long way towards avoiding (or defending) sales and misrepresentation claims. For instance, in the matter of Dovaenda Pty Ltd v Pagliari and Anor  QSC 216, the Supreme Court considered that the sales agent accused of misleading and deceptive conduct was a much more credible witness than the buyer who was suing him. The case essentially turned upon a conversation held four years earlier between the agent and the buyer about the erection of a structure on a neighbouring property. At trial, the agent was able to produce a comprehensive sales le, which included diary entries, emails and telephone records which supported his recollection of events. He had also taken the precaution of making a le note of his discussion with the buyer once he became aware that the matter may become litigious. Assisted by these records, the agent's recollection of events was unwavering throughout the trial. In contrast, the Supreme Court considered the buyer's evidence to be a "moveable feast" and had no hesitation in dismissing the claim against the agent. In that instance, we were able to recover the costs of defending the claim on an indemnity basis from the buyer. Conclusion Agents should ensure all property management and sales les are retained and archived for a minimum of six years before being disposed. Similarly, all emails and telephone records should be safely stored in case they are needed for a similar period. As demonstrated above, if an agent is faced with having to defend a claim, the Court will be primarily concerned with the accuracy of the records which are produced in evidence. It follows that records which have been made contemporaneously at the time of a particular conversation or event will be viewed favourably as an accurate account of the facts. The maintenance of property management and sales les in this way ought to be a matter of standard practice for all agents. REIQ Journal March 2010 32 LEGAL ISSUES