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Agent caught trying to undermine competitor's auction

By Steven Cross
21 March 2014 | 10 minute read

After losing out on a listing, a Victorian agent attempted to sabotage the auction by trash talking the property to potential buyers – but he picked the wrong person.

Eric Cohen, selling principal of family-owned Cohen Real Estate in McKinnon Melbourne was fined $5,000 by Consumer Affairs for unprofessional conduct earlier this month.

In a hearing at the Victorian Civil and Administrative Tribunal (VCAT), evidence was presented that Mr Cohen had appraised the McKinnon property but was not appointed to auction it.

However, Mr Cohen attended the auction and made "disparaging comments about water leakage or seepage into the garage" to potential buyers – unaware he was speaking to the vendor’s daughter-in-law.

The vendor’s son later lodged a complaint with Consumer Affairs Victoria, which took the matter to the tribunal.

Craig Williamson, director of Buxton Real Estate Bentleigh, said his team was the selling party to take the property to auction.

“We didn’t know about any of this until after the auction, when the family went to Consumer Affairs themselves after the incident,” Mr Williamson told Real Estate Business.

“We were stunned because we knew what situation the sellers were in. They really needed to sell this property as a matter of urgency; he knew that and still tried to undermine the selling process.”

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According to Mr Williamson, Mr Cohen is a very active agent who regularly attends open homes and auctions of his competitors.

“It makes you wonder if he’s ever done this sort of thing before. He walked up to a complete stranger and tried to steer them off the property, it just so happened to be a family member this time,” Mr Williamson said.

Luckily on the day, Mr Williamson said they managed to sell the property and get a good price for the vendor.

The tribunal ruled that Mr Cohen had breached the Estate Agents (Professional Conduct) Regulations 2008 by engaging in conduct that was either unprofessional or detrimental to the reputation or interests of the estate agency industry.

On his website, Mr Cohen claims he provides the ‘highest level of service’.

“You will be pleasantly surprised in dealing with us. We will be able to answer all your questions in a way that will relieve all your doubts and fears,” the website reads.

Real Estate Business contacted Mr Cohen, however he was unavailable for comment.

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