Problem with Real Estate, Need Some Help!

Hi all,
I have some problems with the agent of my new apartment. And need some help.
I saw this unit in domain website and I was interested on it. We came and inspected it and was happy with it. We asked the agent if it has a gym and a storage with it. She told us yes there is a gym with swimming pool and she wasn't sure about the storage as there are some units with storage and the other without.
After we left we were able to see there is a storage with the parking space and labeled with the same unit number but has some stuff on it.
We thought most likely they will remove it later on. So the agent called us after couple of days and told us the owner approved our application and need to sign the lease. I singed the lease which start after 20 days and she didn't give us the keys as she doesn't want to get free renting as the unit is empty. After ~10 days we got the keys and went to the apartment to see around and we found there isn't a gym in the building and the suff still in the storage when I contacted her about that she told me the owner wants to keep the storage and not included and she didn't response regards the gym.

I want to know my options right now, can she do that?
It's missed inform (and lying) by the agents

Comments

  • Verbal confirmation has no value when you dealing with contracts and leases.
    Check your lease thoroughly for the storage, gym and any other stuff that is NOT included.
    If your contract does not specifically mention that the storage is not a part of the lease and you signed it, then you live with it.
    Else, you can demand keys for the storage and ask the landlord to take his things away.
    Also, go back to the ad on domain to check what was mentioned. You can hold the REA for false advertising!

    • I asked her before i sing the lease about them why there aren't included in the lease, she told me that they are common area which I can use and don't need to be written in the lease.

      Also non of the units I rented stated them in the lease while the bulding have them in the common area or the storage that within the car space.

  • +1

    What is written in the contracts?

    The problem with verbal confirmations such as this is that if it goes to court, it will be your word against her word and there's no real hard evidence that she said what she did.

    • +1

      It's written "car space". Actually it doesn't make sense. If the storage with the car space (behind it) and labeled with the same unit number. How come it's not included with the lease?

      I can understand about the gym that I can't proof what she said but for the storage it doesn't make sense. It's like saying the unit without kitchen because it's not written in the lease,

      • If the car space is included and it has a storage with it, it is definitely yours to use.
        You own(lease) everything in the unit and car space UNLESS specifically mentioned in the lease otherwise!

        • Yes the car space included in the lease and there is a storage behind it which has my unit number. And no where in the lease saying the storage not include it.

  • Where are you based? Is there a tenants union or similar renters advocacy service in your area?

    • Sydney, NSW. I will give them a call if they open tomorrow.

  • +1

    Ask the REA to deliver as verbally promised, put it to them in writing in a registered letter without delay.
    Ask that you be given access to the storage facility as verbally promised.
    Request that they respond to the letter in writing in case this matter has to be taken further.

    If they refuse then take the matter to your state?? authority.
    Good luck getting anything done though as all you have is verbal evidence and no witness.
    That's not worth a cent.

    Some good will come from this.. believe it or not and it will serve you well for the rest of your days.

    This ….. Never ever take the word of any agent or salesperson. Nver.
    If it is not in writing it is not going to happen.
    This applies to real estate, motor vehicles, appliances and everywhere else a lie can be told.

    Oddly enough a lot of people never learn.. :-( :-( :-(

    • +1

      My wife was with me when the agent told me that and I just asked her and confirm the agent said that but I don't think it will make any differences.
      I sent an email to them and waiting for a response, my lease starts this Monday (15th of Dec) will wait for a response and if I didn't get any will write a letter and post it to them.

      Yeah had to lean about it in the hard way. If it didn't work will give away a lot of stuff :(
      At least will make other people happy

      • +1

        I cant see the rea honouring their word. They are like car salesmen, they do this sort of thing all day every day. Never trust them for anything.

  • Even though odds aren't in your favour if you don't have hard proof, kick up as much of a fuss as you can. Complain to the agents company, to realestate.com, consumer affairs, post about it with reference to the agent on facebook/review sites.. It's known there is a huge problem with real estate agents conduct (how unethical it is that agents so often take advantage of consumers my misleading and lying - there's too much information assymmetry) so you might get somewhere. I would think access to storage should be granted and a lease discount given there is no gym. Or you could exit the lease early.

  • What I would've done with the gym is sent the agent a email to get her to confirm. That way if she said yes and you found out that wasn't true you could probably get out of the lease. Alternatively you could've looked around the block of apartments to find the gym and double checked before signing anything…

    With the storage, check the contract the owner my well have verbally said to the agent that they want to leave their stuff in the storage area but if he/she forgot to add it into the lease contract then they will either have to move their stuff or the agency may allow you to get out of the lease.

  • real estate agents, for the most part, are lying scum. up there with personal injury lawyers.

  • You never checked the gym when you inspected ? Can't be important to you.

    You believed a REA ? They don't work for you - though they pretend to.
    Don't worry, they probably aren't doing a great job for the landlord either.

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