Monthly Archives: January 2008

What If The Estate Agent Has Already Spent The Commission?

Posted on January 30, 2008 by | 0 Comments
by Peter Mericka B.A., LL.BReal Estate Lawyer Qualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd   As any lawyer or conveyancer will confirm, a contract may have to be cancelled for a variety of reasons, even after it has become unconditional.  But what if the estate agent has already spent the commission? Lawyers and conveyancers often have a battle on their hands if a purchaser client needs to cancel the contract, or a vendor...

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Real Estate Agents Preying On Battlers

Posted on January 28, 2008 by | 5 Comments
by Peter Mericka B.A., LL.BReal Estate Lawyer Qualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd   “Real Estate Agents Preying On Battlers” is the title of an article appearing on the ABC news website.  I invite visitors to read the item for themselves, but it is a comment to this item that I find particularly interesting. Way down the list of 37 comments to the article is one by a contributor known as Rel. ...

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The "Oh", "Really?" and "I Wish I Had Known That!" of Making an Offer and Organising Finance

Posted on January 23, 2008 by | 6 Comments
by Shannyn HunterConveyancer shannyn@lawyersconveyancing.com.au Lawyers Conveyancing  On Monday morning purchasers can experience a real estate hangover. After a weekend of elation at finding their dream house and pressure from the agent to make an offer, with hesitation they sign on the dotted line and their concerns about legal advice are pushed aside.  They are locked into a contract.  Unfortunately, the emotive attachment that causes you to buy a property can also cause you to forego certain...

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Ian Reid Takes Aim At Fellow Estate Agents

Posted on January 18, 2008 by | 0 Comments
by Peter Mericka B.A., LL.BReal Estate Lawyer Qualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd   High-profile Melbourne real estate agent Ian Reid has copped some heavy criticism in the past over his Gazumping Clause and his Finance Clause.  However, it seems that Ian Reid can be a straight-shooter when it comes to exposing his fellow estate agents. Ian Reid of Ian Reid Vendor Advocacy has become well-known to Melbournians through his radio and...

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Clause & Effects – Costly Court Case, Commission Lost and A Solicitor Sued

Posted on January 17, 2008 by | 2 Comments
 by Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au   Two years ago this month Don and Elsie Luxton, an elderly couple, successfully escaped an apparently binding contract for the sale of a vacant acreage block.  They had earlier agreed to sell the property to Shaun and Sheree Johnson, a young couple, who planned to convert it into a mountain-bike park. Luxtons’ agent prepared the contract dated 28th November 2005, with settlement in 60 days, subject to...

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Shane Lowe of Methven Real Estate – Switching of Contracts and Conditions

Posted on January 15, 2008 by | 4 Comments
by Peter Mericka B.A., LL.BReal Estate Lawyer Qualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd   Shane Lowe is the Director of Methvens Professionals Real Estate in Mooroolbark, Victoria.  A case of “contract switching” resulted in some startling revalations from Mr. Lowe.  It seems that Mr. Lowe and the great P.T. Barnum have much in common when it comes to business ethics. P.T. Barnum is credited with the saying, “Never give a sucker an...

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Fair Trading Nabs False Solicitor

Posted on January 11, 2008 by | 1 Comment
 by Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au   Gold Coast conveyancing clerk Anne Mullins and her company Simply Conveyancing Australia Pty Ltd have pleaded guilty to Office of Fair Trading charges that they falsely held themselves out as legal practitioners in breach of Sections 573A and 573C of the Property Agents and Motor Dealers Act (PAMDA). Fair Trading may have made legal history when it laid these “marketeering” charges, in circumstances of apparent illegal property...

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Deep North Agents "Re-licensed" to Practise Real Estate Law

Posted on January 9, 2008 by | 16 Comments
 by Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au   From July 1st last year the role of Queensland real estate agents in preparing contracts was severely limited by law. Sit back, dear readers, as I now blow the whistle on an extraordinary government back-flip. Remember when the Beattie government back-stabbed real estate consumers who had been ripped-off by over-priced property marketeers? In December 2002 amendments to the Property Agents and Motor Dealers Act (PAMDA) retrospectively prevented...

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Max Brown Real Estate: Dodgy Advice & Conflicting Interests

Posted on January 7, 2008 by | 1 Comment
by Peter Mericka B.A., LL.BReal Estate Lawyer Qualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd   It is fitting that the logo of Max Brown Real Estate should depict the estate agent as a shadowy faceless figure, as it suggests the level of responsibility the estate agent assumes when “advising” vulnerable consumers.  By the time the consumer realises that he or she has received dodgy advice, the estate agent has melted back into the...

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