Get It In Writing!

Another decision from the Queensland Civil and Administrative Tribunal illustrates very well the importance of ensuring all terms that you have agreed to are included in a written contract. (Get It In Writing)

In the case of Vivlios -v- Lucy Cole, Prestige Properties Broadbeach Pty Ltd, Mrs. Vivlios alleged that the agreement to appoint Lucy Cole to sell her property on the Gold Coast was partly in writing and partly an oral agreement. The written agreement said that Mrs. Vivlios would pay the marketing costs incurred in attempting to sell her property without any qualification. In the proceedings before QCAT Mrs. Vivlios argued that in addition to the written agreement there was an oral agreement that the costs of marketing the Property would be paid from the proceeds of sale and that if there was no Sale then Lucy Cole, Prestige Properties would meet the cost of the advertising expenses.

On that basis, Mrs. Vivlios refused to pay the invoice from the Real Estate Agents for the advertising expenses of $22,000.00 and the Real Estate Agents then sued Mrs. Vivlios following her refusal to pay.

The decision of QCAT was that there was no compelling evidence to support Mrs. Vivlios’ argument that the written agreement had been amended by way of an oral agreement and ordered Mrs. Vivlios to pay the $22,000.00 to Lucy Cole, Prestige Properties.

Aylward Game Solicitors

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