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  • #966332
    King
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    Last week we signed a tenancy agreement on some commercial space through a real estate agent.

    We paid the deposit at the same time.

    Today we received a new agreement with a note that they had forgotten o include the GST.

    My opinion is that they sent an agreement that we agreed to, so therefore the agreement stands. If they forgot to include the GST then they need to wear it.

    Thoughts?

    #1017517
    Chris Bates
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    ATO might be a good one to call on this.

    Really depends on how it’s worded. I’d say if they just had $X and didn’t write inc/ex GST, then you might be able to push it.

    Is it worth starting on bad terms with your landlord though? That’s probably more the golden question

    #1017518
    King
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    As far as I know the landlord would still need to be paid the correct amount by the agent. They just lose 10% on the deal.
    Legally, unless a price states ex gst then it is a gst inclusive price. The ATO will tell me this anyway.

    The question is whether they are obliged to accept the contract they wrote, that we signed and paid the deposit.

    #1017519
    ray_223
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    Probably need to see a lawyer to see if you have a case.

    If the contract has a price that indicates GST is included you would be in a strong position (expecting the rent would increase once the initial term is complete – and maybe more then GST!).

    If the extra cost is too much for your budget then you should be prepared to walk away.

    #1017520
    Burgo
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    My opinion is that they sent an agreement that we agreed to, so therefore the agreement stands. If they forgot to include the GST then they need to wear it.

    I would be inclined to tell them exactly what you think.
    Is this property exactly what you are looking for?
    If it is then they will argue the case, if its not then the agreement isnt worth the paper its written on and they can find another tennant. Also depends how long they have been trying to get a tennant into the property.

    I believe if the agreement doesnt state GST then GST has been include in the price.

    Thats my 2 bobs worth.

    #1017521
    King
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    the only fly in the ointment is that they had the end date incorrect, so another bit of paperwork was needed to correct this, but I agree with you Burgo, they should wear it.

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