Two of Adelaide’s real estate heavyweights are going toe-to-toe in a quarter-million dollar Supreme Court battle.
Kevin and Valda Weeks, directors of Weeks and Macklin Real Estate Pty Ltd, claim they were pushed into an unnecessarily high personal bid on a property at Tennyson by agent Jamie Brown of Bernard Booth Pty Ltd.
Brown and Booth Ltd’s lawyer told InDaily his clients “will vigorously defend the claim”.
The Weeks’ say their initial bid of $1.85 million was rejected by Brown, whom they allege then said he had two other offers, “one of which has a two in front of it”.
Their final bid of $2.1 million was accepted on 7 December 2011.
In a court affidavit a year and a half later, the Weeks says they believe “the offers referred to did not exist” – a claim denied by Bernard Booth Pty Ltd.
The Weeks are seeking damages of $263,500 that includes an overpayment of $250,000 and “unnecessary stamp duty” of $13,500.
The Weeks were successful in a preliminary application seeking Supreme Court orders that Bernard Booth Pty Ltd release its records and notes relating to the offers.
Joe Parisi, who represents Bernard Booth Pty Ltd and Jamie Brown said today his clients deny the Weeks’ version of what was said in the phone calls, while acknowledging there was “one other offer”.
The saga began in December 2011 when a block of land at 61 Seaview Road, Tennyson, came on the market.
Kevin and Valda Weeks already owned the adjoining blocks at 59 and 63 Seaview Road.
“If they were to acquire the property, it was their wish to build a large house on the large allotment that would result,” an affidavit to the court stated.
“At the time, (Jamie) Brown was aware of that fact.”
The affidavit details how the Weeks put in an offer which they say Brown suggested they needed to raise.
“At 1pm on 7 December, Weeks was informed by Brown that the first offer ‘wasn’t high enough’ and Mr Weeks ‘was not even close’.”
It then details an alleged phone call where the Weeks say Brown gave them details of two other offers he had.
After this phone call, they claim, they upped their offer and secured the property.
In an affidavit to the court, the Weeks’ lawyer Michael Hutton said the Land and Business (Sales and Conveyance) Act required the agent to keep a copy of the signed offer and those documents were being sought.
Late last year, Brown and Bernard Booth Pty Ltd handed over a set of documents, but denied much of what the Weeks claimed had happened in the December conversations.
“It will come down to one man’s word against another,” Hutton told InDaily.
The case was adjourned and will resume in April.
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