Dummy bidder wins the auction at $590k

Today I went to an auction of a brand new property around the Parramatta region (not Parramatta/Westmead though) on a relatively busy road. My aunty has been looking to buy a property and has enough cash to put on a 500k-600k property. The property we saw was a 5BR double story house on 300sqm (on a subdivided land). The vendor built another 5BR single house at the back (which has a rumpus room with a kitchen and bathroom - more of a granny flat underground) - but the one at the back is shockingly planned.

So I went to the auction. I didn't register myself for the bidding - though by registering, I could have made some bids on behalf of my aunty. There was another Asian family (genuine bidders) and another man came in (Lets call him Mr. X). He was asked to present his licence and with utter confidence he said, I live next door - he literally announced it to the whole room with a handful potential owners. So my aunty started bidding (knowing that it's worth more) at $450k. Mr. X smiled and bid 500k. So the bidding kept going and the Asian buyers were also increasing. This was my first auction so I literally stopped the auctioneer half way to tell him off from influencing people to increase their offer by 5k haha :p (But apologised at the end when I realised he is supposed to do that:D).

Mr. X was constantly on phone and off it - wandering out as well to the lawn. So my aunty (who had YESTERDAY given a cheque with an offer of $560k prior to auction) even went up to $586k - definitely emotional. Following this the auctioneer - after confirming with the vendors - declared the house was on the market. The Asian bidders went upto $586,500. Mr. X came back with $590k. The auctioneer kept trying to get $500 out of my aunt and the other Asian buyers but no body agreed. While this was happening, I had a conversation with Mr. X who said he just had a NAB valuation done on this front property and it came back at $643k and why would he not buy ~$60k below market. All up APPARENTLY he was saving ~$110k :eek: It was almost as if he was trying to convince us! He also said he was going to buy the one at the back as it was "cheap"

Then, we just decided to walk out waiting for the agent to return the cheque to my aunty. The agent wouldn't return the cheque. No body wanted to attend the auction for the back house. So we were waiting and waiting. The auctioneer came to the front and said to us and the Asian buyers that Mr. X has changed his mind and no longer wants to pay $590k and since the Asian buyers had the opportunity to buy at $586,500. So I got a bit pissed off and said, how does that work?! He must sign the contract at the price he bid and that is unconditional. And that this can go to fair trading. So the auctioneer was taken aback and threw up his hands and said okay lets ask him to sign it and it's sold. The Asian buyers also thought there was some "conspiracy" there. Personally I wouldn't want to pay for what they are asking (offers over $550k and close to 600k implied). Given the surrounding sales have been for around $625k for established brick homes in good condition on 700sqm. It was one heck of a drama! When we got out we saw the seller driving out in his Merc from the house next door (remember Mr. X said he came from next door!)

We were THANKFUL that it did not work at $586k. I don't think the bank will value it at $586k.

An hour later the agent called my aunty and said the house was still available :rolleyes: So my aunty asked if it was at today's price or yesterday's offer. The agent said yesterday's offer was alright. But the agent was then reminded that the offer made yesterday was a PRE auction offer.

Following this I called the agent (and she doesn't know I'm related to the other buyer) saying to her I was there (she has only ever spoken to me on the phone and only one of them recognise me who had already left lol). I told her the other bidder was a dummy bidder and that there is a potential fine of $55k. She said she had suspected that and had asked him already if he was a dummy bidder and he had ALREADY signed the contract. Further she will call me if the house becomes available. They know my aunty is a serious buyer and now they have blown their chances for getting anywhere near $590k!

The agent said the settlement won't be for another 6 months - I don't understand why as our solicitor had said it should take just 6 to 12 weeks for registration.

That aside, how could people do that?! IF Mr. X was genuine and then walked out wouldn't he be liable for 10% PLUS being sued by the vendor for the difference between the winning bid and the actual selling price? :cool:
 
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Today I went to an auction of a brand new property around the Parramatta region (not Parramatta/Westmead though) on a relatively busy road. My aunty has been looking to buy a property and has enough cash to put on a 500k-600k property. The property we saw was a 5BR double story house on 300sqm (on a subdivided land). The vendor built another 5BR single house at the back (which has a rumpus room with a kitchen and bathroom - more of a granny flat underground) - but the one at the back is shockingly planned.

So I went to the auction. I didn't register myself for the bidding - though by registering, I could have made some bids on behalf of my aunty. There was another Asian family (genuine bidders) and another man came in (Lets call him Mr. X). He was asked to present his licence and with utter confidence he said, I live next door - he literally announced it to the whole room with a handful potential owners. So my aunty started bidding (knowing that it's worth more) at $450k. Mr. X smiled and bid 500k. So the bidding kept going and the Asian buyers were also increasing. This was my first auction so I literally stopped the auctioneer half way to tell him off from influencing people to increase their offer by 5k haha :p (But apologised at the end when I realised he is supposed to do that:D).

Mr. X was constantly on phone and off it - wandering out as well to the lawn. So my aunty (who had YESTERDAY given a cheque with an offer of $560k prior to auction) even went up to $586k - definitely emotional. Following this the auctioneer - after confirming with the vendors - declared the house was on the market. The Asian bidders went upto $586,500. Mr. X came back with $590k. The auctioneer kept trying to get $500 out of my aunt and the other Asian buyers but no body agreed. While this was happening, I had a conversation with Mr. X who said he just had a NAB valuation done on this front property and it came back at $643k and why would he not buy ~$60k below market. All up APPARENTLY he was saving ~$110k :eek: It was almost as if he was trying to convince us! He also said he was going to buy the one at the back as it was "cheap"

Then, we just decided to walk out waiting for the agent to return the cheque to my aunty. The agent wouldn't return the cheque. No body wanted to attend the auction for the back house. So we were waiting and waiting. The auctioneer came to the front and said to us and the Asian buyers that Mr. X has changed his mind and no longer wants to pay $590k and since the Asian buyers had the opportunity to buy at $586,500. So I got a bit pissed off and said, how does that work?! He must sign the contract at the price he bid and that is unconditional. And that this can go to fair trading. So the auctioneer was taken aback and threw up his hands and said okay lets ask him to sign it and it's sold. The Asian buyers also thought there was some "conspiracy" there. Personally I wouldn't want to pay for what they are asking (offers over $550k and close to 600k implied). Given the surrounding sales have been for around $625k for established brick homes in good condition on 700sqm. It was one heck of a drama! When we got out we saw the seller driving out in his Merc from the house next door (remember Mr. X said he came from next door!)

We were THANKFUL that it did not work at $586k. I don't think the bank will value it at $586k.

An hour later the agent called my aunty and said the house was still available :rolleyes: So my aunty asked if it was at today's price or yesterday's offer. The agent said yesterday's offer was alright. But the agent was then reminded that the offer made yesterday was a PRE auction offer.

Following this I called the agent (and she doesn't know I'm related to the other buyer) saying to her I was there (she has only ever spoken to me on the phone and only one of them recognise me who had already left lol). I told her the other bidder was a dummy bidder and that there is a potential fine of $55k. She said she had suspected that and had asked him already if he was a dummy bidder and he had ALREADY signed the contract. Further she will call me if the house becomes available. They know my aunty is a serious buyer and now they have blown their chances for getting anywhere near $590k!

The agent said the settlement won't be for another 6 months - I don't understand why as our solicitor had said it should take just 6 to 12 weeks for registration.

That aside, how could people do that?! IF Mr. X was genuine and then walked out wouldn't he be liable for 10% PLUS being sued by the vendor for the difference between the winning bid and the actual selling price? :cool:

I think they cant force a buyer to sign a contract....................

ta
rolf
 
Im not a legal person............

I suggest this happens more often than we think and the chances of getting a successful case up with +ve revenue returned would be slim.

Im sure the legal beagles can come up with some examples one way or the other

ta
rolf
 
I've never actually seen this happen, or heard of it happening, so it would be great to hear what happens, if you can fill us in with the story as it unfolds.

There are several agents on the forum who might see this thread and give us some more information about how often it does happen, and what usually comes of it.
 
Wylie, I will keep you posted. So my aunty didn't call the agent back yet. She has an upper hand now. This property has been on the market since early Feb leading up to this auction. There have been several open homes and intense marketing. One of the drawbacks I see is the busy road infront and just a bus stop near by. The only charm is that it's brand new and 5 bedroom. We've been barking at the wrong tree as we've told her to rather buy an established property. She got a private valuer at the last minute to value the property at 600k. But bank valuations tend to be much more conservative. I had told her to get Val Ex to value it 5 weeks ago. She is so glad it didn't work out at $586k.

If I was the buyer with that much cash, I'd be looking for houses on ~600sqm land in Pendle Hill and Girraween (walking distance to Toongabie station) which are both nice areas and prices have moved on so much since I started looking into the market mid 2009.

I don't want to be racist, but I've been in similar situations with another developer (when I was buying my first home and thank God never bought an overpriced new property) who was the same background as this particular developer. I've not had the best of experiences. Brand new properties are unlikely to be valued at the asking price. I will NEVER buy a brand new property ever since losing $2k between me and my sis by pulling out of two unit sales in 2009. They were the BEST $2k I lost so I learnt early enough and it wasn't as bad as paying $40k-50k more for the premium prices that are put on new developments.

Now if they wish they can put it AGAIN on the market for 3-4 weeks and not sell quick (interest shown by just TWO bidders!). The vendor is definitely keen to sell as they have been paying interest for a while now and potentially want the buyer to move in and pay rent till the settlement (which may happen in 6 weeks to 6 months apparently). During that auction by introducing a dummy bidder who was on the phone with the seller, they killed their own opportunity to make a sale at an unrealistic price of $586,500 by wanting EVEN MORE.
 
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Wow you are full of great stories!

That guy was obviously doing a dodgy - maybe convince your aunty that having him as a next-door neighbour isn't likely to be the best at any price!

I'd definitely be looking at established houses on bigger blocks. Even just 5 years old is likely to be more bang for your buck.
 
Wow you are full of great stories!
.

Haha yeh :p it was my first visit to an auction :p

The auctioneer obviously knew something wasn't right so he was the first one to flee the scene. No body wanted to buy the back one. I used to hear auctions are full of potential buyers but here there were hardly any!
 
Yes but there will be a clause which appoints the agent as a bidders agent for signing the contract on the bidders behalf.

This is what I was going to say. Even thought they may not have his signature it is still a binding contract if the auctioneer signs on behalf of the winning bidder.
 
This is what I was going to say. Even thought they may not have his signature it is still a binding contract if the auctioneer signs on behalf of the winning bidder.

Terry, what are the legal repercussions in such a situation? The seller probably didn't expect this to happen. How could the property be immediately available for another buyer? I could report it.

The auctioneer is likely to have known as he was out there trying to convince the other bidders to sign the contract at their highest bid! I felt rather annoyed...an auctioneer should be liable to ensure that the auction process happens legally and fairly - especially once somebody has won the bid!

Dummy bidding and collusion
It is illegal to make dummy bids at an auction.

The seller of the property is entitled to have one bid made on their behalf by the auctioneer. When the seller’s bid is made the auctioneer must announce it as a vendor bid.

If you make dummy bids for the seller, you may be prosecuted and fined up to $55,000. The property seller who asked you to bid can also be fined up to $55,000, as can the agent and the auctioneer if they were involved in the arrangement.

It is an offence to collude with someone to interfere with free and open competition at the auction. This offence carries a maximum fine of $55,000.
http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Buying_property/Bidders_guide.html
 
Terry, what are the legal repercussions in such a situation? The seller probably didn't expect this to happen. How could the property be immediately available for another buyer? I could report it.

The auctioneer is likely to have known as he was out there trying to convince the other bidders to sign the contract at their highest bid! I felt rather annoyed...an auctioneer should be liable to ensure that the auction process happens legally and fairly - especially once somebody has won the bid!


http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Buying_property/Bidders_guide.html

The agent has possibly breached several acts which could have criminal and civil penalties. The successful bidder could have the contract enforced against them by the vendor.

see for example
http://www.austlii.edu.au/au/legis/nsw/consol_act/psabaa2002385/s77.html
http://www.austlii.edu.au/au/legis/nsw/consol_reg/psabar2003476/s20.html

Did the auctioneer announce the neighbour's bid as a 'vendor bid'?
http://www.austlii.edu.au/au/legis/nsw/consol_reg/psabar2003476/s18.html

http://www.austlii.edu.au/au/legis/nsw/consol_act/psabaa2002385/s66.html

It is probably also a breach of the Australian Consumer Law and Fair Trading Act. False and misleading conduct.

Also Crimes Act - obtaining a financial advantage by deception.
 
The agent has possibly breached several acts which could have criminal and civil penalties. The successful bidder could have the contract enforced against them by the vendor.

Did the auctioneer announce the neighbour's bid as a 'vendor bid'?

Terry, thanks for the links. No the auctioneer didn't announce the neighbour's bid as the "vendor bid". I don't even remember the auctioneer making a vendor bid other than saying the house was on the market after consulting the vendor.

I'm not sure though how to go on about it. I don't want to put in jeopardy my aunt's negotiation either. I will wait for the week to unfold and her decision. If she signs the contract or decides to walk away I will be in a better position to take an action. PLUS, I am wary (since I don't know much about auctions) the possibility of the agent/auctioneer making her "seem" like the winning bid. Though I am sure the contract date will be different plus that the agency must be required to hold the records of the registered bidders for seven years as per the law.
 
You could suggest that you know he could be sued for what he did, and then offer your aunt's contract at the lower rate :D
 
You could suggest that you know he could be sued for what he did, and then offer your aunt's contract at the lower rate :D

Wylie, I was considering that. However, the agent doesn't know we are related....The agent TO ME has said it's already signed and sold! I could suggest my aunt to let the agent know about the legal issues. And the agent hasn't asked anything in writing...and could just say she no longer wants to sell it to her as it's already "sold"....Perhaps I should do this in writing to the agent :)
 
You all are assuming the agent was "in on it". May well have been that the owner and neighbour got together and decided to do some scamming all by themselves.

We had something similar happen at the auction of our property. Was passed in and then immediately negotiated with the highest bidder. We accepted their offer and, because it was immediately post auction, technically the house was "sold" under auction conditions.

They asked if they could have their solicitor confirm the contract the following Monday - which we agreed as the contract was standard and nothing wrong with it.

Then, for no reason, they dropped their offer by $50,000 and refused to sign.

The agent was furious. We could have gone after them for 10% for reneging, but in the end it wasn't worth it and it's not like we could hold a gun to their heads and "make" them sign ... to the agent to move on and find another buyer (which we did).

Interestingly tho - that bidder, and another susequent potential buyer, both who mucked us around considerably, were of the same new-to-Australia ethnic background. According to friends who deal with this race in business say the mucking around, and post contract negotiating, is pretty standard on how they do business back home.
 
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Lizze, I have no doubt that that bidder was related to the seller. Why would he want to even attempt to convince us of a val of $643k when the comperative sales show that the only houses sold around the $625k are 5BR houses on a large block of land (and not on one like this - i.e. 300sqm). The auctioneer didn't seem upset at this. Instead of spending any minute with this buyer to tell them they are legally bound to this contract, they were ready to jump to the others who were about to leave. We would not have really known had he not announced pompously he lived next doors AND the vendor driving his car out of that drive way. A bit of a joke really.

PLUS, my intuition had said he was a dummy bidder the moment he had walked in. How often does it happen that you buy a brand new property $60k below market? May be it happens but it must be rare. Most people go looking for "Renovator's delights" to negotiate properties at land value or below (as we have seen on the forum) and do them up to make bucks.

P.S. I think people from any race can take illegal actions or be unfair. We have been stung by different races - you know how sometimes tradies or mechanics can be. Can't generalise. Some do more than others and hence have bad reputations attached. Plus I believe sometimes there is a higher purpose as to why we attract such people in our life. There is always a lesson there. For sure these developers haven't attracted the right potential buyers or may be I was a the right place at the wrong time for THEM. As I don't tend to let these things go easy. Not making a call yet, but will pursue depending on how the following days pan out.
 
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Is there a list of licensed auctioneers per area? I'd like to know the name of the auctioneer. I only remember the first name.

The agent has now been told that it was all planned, the auctioneer was in on it and that there is a fine of $55k. She has denied any knowledge AND that the other buyer paid 10% and still doesn't want to buy :eek: He must be stupid to bid that high if he can't afford. She thinks what we saw with our eyes is incorrect - i.e. the vendor driving out of Mr. X's home's driveway!
 
I would walk away happily

1) Never buy a PPOR on a busy road. it is a real false economy. move away / downscal to get a quiet st

2) you dont want this guy as a neighbour
 
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