3 Comments Commercial law, litigation, contracts, IP, property law
1. Can you do anything against the vendor - purely from your post, sadly there is not much you can do to the vendor. Your written offer is identified as an invitation to treat and it was not accepted - we know this because the vendor made a counter offer. You did not accept the counter offer. You were gazumped by another buyer.
2. Can you do anything against the agent - purely from your post no. The agent is not usually obligated to pull a property off market unless something else occurs - usually a holding deposit of some form and agent represents clearly that this is done. Being slow is usually not a breach - especially since the agent did not tell you of the counteroffer made by the vendor but also he did not tell you that the offer was accepted either.
That does not stop you from trying to make a complaint to the fair trading department of your state. But unless there is more details than what is in your post your prospect of success in this is limited.
a. definitely not to the vendor - in his point of view his counter offer was not accepted by you and so he goes and sell to another party. The vendor has done nothing wrong.
b. real estate agent - questionable - you can consider making a complaint but exactly what gain the agent has to not let you know of the counter offer? Is the counter offer less than the final sales price? It does not sound like you have anything that you can use to prove wrongdoing (and even if you do department of fair trading is unlikely to do anything beyond slap on the wrist to the agent).