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Do real estate agents have to advise you that your rental is for sale?
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Do real estate agents have to advise you that your rental is for sale?

My partner and I have just rented a new house 2 weeks ago, and we have been advised that the place is up for sale, and have inspections every week for prospective buyers. We were not told the house was up for sale when we signed the rental agreement. What are our rights as renters? Must estate agents make you aware of this before you sign a lease?.
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They sure do have to notify you Alana & may other things. Please see the following as taken from the RTA website as per legislation that came into effect July 1st 2009. I am an agent so we follow these rules to the letter in my agency. From what you have said I think you may be entitled to comensation from the agent who has broken the law. Especially look at item #5.

1. The lessor/agent must give the tenant a Notice of lessor's intention to sell premises (Form 10) which must include details of how they plan to market the property.
2. An open house or on-site auction can only be held if the tenant agrees in writing.
3. Any entry to the house either by the owner or an agent showing the property must be preceded by the correct Entry notice form and notice period. More details are available on the Entry to the premises page.
4. Marketing photos (e.g. on 'For Sale' signs or on the internet) showing a tenant’s possessions can only be used if the tenant agrees in writing.
5. If the premises are put up for sale within two months of a tenancy starting and the tenant was not informed that the intention to sell the property at the time of signing the agreement, the tenant has the option of ending the agreement with two weeks’ notice.
6. If the selling agent is different from the agent who manages the property, the selling agent must also give the letting agent a copy of each Entry notice before entering the premises.
7. If a property is being repossessed by a financial institution which had not agreed to the property being rented, they can give the tenant 2 months to leave (30 days for rooming accommodation), using a Notice to vacate from mortgagee to tenant (Form 19) or Form R19 for rooming accommodation. If they had agreed to it being used as a rental property, they can end a periodic agreement with two months notice, but cannot end a fixed term agreement earlier than the end date unless the tenant agrees.

I hope this helps. Regards Benjamin

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Hi, we have the same problem!! We signed our lease for 12 months in July and went abroad in August for a month. Whilst taking a quick look on Google, we found it was advertised for sale, with images of OUR furniture!! The owner did not ask for permission, nor did he tell us he was selling the place. We then came home to find two auctions had taken place in our yard, together with 10 entry notices..... All whilst we were abroad. The agents did not try to contact us by phone or email. We wrote a letter of complaint to the estate agents who agreed with the owner that we can break lease with no penanlty, we are still looking for a suitable place now but its all been a complete headache!! I suggest you move asap whilst you have good reason.

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Thats so typical and so unfair

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Looking for a home in Mitchelton, QLD 4053

Good question, I would suggest speaking with the RTA on 1300 366 311 or look for information on their wesite -

http://www.rta.qld.gov.au/Renting/During-a-tenancy.aspx

If you are ever looking to buy give me a call.

Kind Regards,

Mark Lewis
Director / MFAA Credit Adviser™ (CA)
Zar Mortgage Brokers - Australian Credit Licence No: 385365

P – 1800 180 927
M – 0405 780 870
F – 07 3056 0246
E – [email protected]
W – www.zar.com.au

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