NSW Real Estate professional negligence

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LindaI

Member
6 February 2025
2
0
1
The real estate agent managing my rental property failed to complete regular 6 monthly inspections and in the 2 years and 2 months between the last 2 inspections, there was a major build-up of mould in the bathroom and 2 bedrooms to the extent that the bathroom ceiling needs to be replaced (on advice from professional mould removalists). The cause of mould was due to the tenant's actions (no building-related causes) who has since been evicted by sherrif's orders, following significant damage throughout the property. Landlord's insurance will not cover mould damage and the real estate agent initially offered to pay for a superficial treatment of mould by a general cleaning company which does not include replacing ceiling or professional mould removal. I passed on to them the professional advice regarding necessary mould removal measures as well as quotes from a professional mould removal company and gyprocker. They will not pay these costs but instead have offered no re-listing fees or management fees for three months. Can I expect them to cover the cost of professional mould removal and replacement of bathroom ceiling as the extent of the mould damage could have been mitigated with 6 monthly inspections? Thankyou.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
Does the dollar value of the fee-holiday meet or exceed the dollar cost of the mould removal?
Three months is nothing, especially because
you are going to find another agent, now anyway, right? Right?

How did you get here?
Did *you get the work done, and you are now chasing reimbursement?
Or did you simply give them a quote, with a request to get it done, but they didn't?
 

LindaI

Member
6 February 2025
2
0
1
The real estate agent managing my rental property failed to complete regular 6 monthly inspections and in the 2 years and 2 months between the last 2 inspections, there was a major build-up of mould in the bathroom and 2 bedrooms to the extent that the bathroom ceiling needs to be replaced (on advice from professional mould removalists). The cause of mould was due to the tenant's actions (no building-related causes) who has since been evicted by sherrif's orders, following significant damage throughout the property. Landlord's insurance will not cover mould damage and the real estate agent initially offered to pay for a superficial treatment of mould by a general cleaning company which does not include replacing ceiling or professional mould removal. I passed on to them the professional advice regarding necessary mould removal measures as well as quotes from a professional mould removal company and gyprocker. They will not pay these costs but instead have offered no re-listing fees or management fees for three months. Can I expect them to cover the cost of professional mould removal and replacement of bathroom ceiling as the extent of the mould damage could have been mitigated with 6 monthly inspections? Thankyou.
Does the dollar value of the fee-holiday meet or exceed the dollar cost of the mould removal?
Three months is nothing, especially because
you are going to find another agent, now anyway, right? Right?

How did you get here?
Did *you get the work done, and you are now chasing reimbursement?
Or did you simply give them a quote, with a request to get it done, but they didn't?
No, their offer, as you can probably infer, is significantly under the cost of mould removal.
No, I have not got any work done, as once I do, recouping any costs would likely be nigh impossible.
I would really appreciate an answer to my question as I'm wondering if I should I pursue this matter at a tribunal on the grounds of professional negligence.
Or would that be a waste of time and money?
As a compromise in order to reach a solution independently, I could propose to share the cost of nould removal and ceiling replacement. Thoughts?