A West Australian homeowner discovered her real estate agent sold her the wrong property after moving in to what she thought was her new home.
The buyer was shocked when she received a call about her first homeowners grant application to be told the lot number on her application did not match official records.
Two co-owners were selling one of two lots of adjacent, street front, strata-titled land in Camillo, near Kelmscott in Perth’s southeast.
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The issue arose as the two certificates of title listed street addresses that did not match the physical addresses of the lots.
The sellers wished to sell Lot 2, which had a physical address of 6A, while Lot 1 was 6B.
Lot 1 was occupied by tenants and not intended to be sold.
However, during the preparation of the sale agreement in March 2022, agency John O’Neil & Son relied on the street address given by the seller to obtain the certificate of title and strata plan.
John O’Neil & Son failed to notice the purchased certificate of title listed Lot 1 as 6A, which did not correspond with the lot on the strata plan that was planned to be sold.
The buyer then viewed Lot 2, intending to purchase that property
The mistake was not spotted during the sale and resulted in the certificate of title being issued in the buyer’s name for the wrong property.
The buyer then became the legal owner of Lot 1 rather than Lot 2, but moved into the home on Lot 2.
It was only when she received the call about her first homeowner grant that the issue came to light.
The agency apologised to the buyer and confidentially settled the matter with her.
It said it has since implemented a more thorough process of reviewing relevant searches before the sale of a property to ensure it does not happen again.
John O’Neil & Son was ordered to pay $7,000 in fines and court costs after the State Administrative Tribunal found the agency failed to exercise due care, diligence or skill by not conducting proper checks to confirm which lot number was being sold, before the sale going through.
Consumer Protection Commissioner Trish Blake said it was disappointing the error was not picked up at any stage during the sale process.
“Mistakes of this nature are unacceptable and represent major breaches of the laws that are designed to protect both buyers and sellers of real estate in WA,” Blake said on Thursday.
“Agents must ensure they have the proper procedures in place to prevent any errors being made which could result in disciplinary action.
“There was no way for the new homeowner to know they were being sold the wrong property, but buyers could put their mind at ease by asking their real estate agent whether they have properly checked the property information before signing a legally binding contract.”
94 Braemore Street, Armadale, has seen better days.
The three-bedroom, one-bath property was listed on Thursday for the bargain price of $289,000, but the catch is that it needs a complete makeover.
Its listing on realestate.com was upfront about what buyers can expect.
“It’s gonna need some work,” is the first line in a hilariously honest description.
“Ok, so this is pretty unpretty. Someone thought about doing a renovation but then decided not to. Someone thought about not cleaning it and stuck hard to that idea.”
“It needs a full renovation, but on a block this big, it’s worth making it happen!” the caption says.
There’s even a frequently asked questions section, where no stone has been left unturned.
“Is it tenanted? — Are you serious? No! Unless you count the one cockroach who is still squatting here. The rest gave up and moved out.”
“How much would it rent for? — As is? Well, nothing,” it says.
Real estate agent Mark Grogan said it was important to be upfront with buyers.
“We want to ensure we show properties in their true life.”
“We don’t want to pretend, we want people to have the whole picture,” he said.
With houses in the area fetching $550,000 – $580,000, he said this is a great chance to enter the housing market.
“It’s a great opportunity in a tough market for someone prepared to do the work,” Grogan said.
It comes after Armadale took the number one spot in WA’s top 10 suburbs for median house growth between November 2022 and November 2023, making it an attractive location for investors.
Armadale’s rapid price rise comes as the region seeks to shake its long-held reputation for being unsafe. In 2021, Armadale was voted the State’s worst suburb by the satirical S**t Towns of Australia site.
There’s been a tremendous amount of interest in this property so far. Those interested in seeing it with their own eyes are open for inspection on Friday, February 23 – 24.
More information can be found here.