Monthly Archives: October 2008

How To Read The Contract Of Sale Of Real Estate

Posted on October 29, 2008 by | 2 Comments
OPINIONby Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd The old Contract Note was a very simple document. It contained no General Conditions (these were incorporated by reference) and so purchasers were not frightened of it. Estate agents were never asked difficult questions, and purchasers readily signed it. The introduction of the new standard Contract of Sale of Real Estate has changed this. Consumers are becoming more aware of...

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Fraud Alert

Posted on October 29, 2008 by | 1 Comment
          The Queensland Law Society has issued the following Fraud Alert: It has come to the Society’s attention that a property seller in Queensland has been approached by, what purports to be, a UK-based law firm called ‘Baur and Associates’. The Associate/Department Head from that firm, ‘Catanese Palacios’ has advised the seller that (s)he acts for a client who is interested in purchasing the seller’s property and requests the seller to...

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Conveyancers Let Your Bank Angst be Heard!

Posted on October 28, 2008 by | 0 Comments
by Shannyn HunterConveyancer shannyn@lawyersconveyancing.com.au Lawyers Conveyancing  Nothing sends a conveyancer’s blood pressure soaring like trying to book settlement with a bank; waiting on hold for over half an hour, conflicting advice when dealing with several bank departments in different states, or sending and re-sending documents when they keep getting lost in the big bank black hole. A survey brought to our attention by the Law Institute of Victoria asked conveyancers and solicitors about their experiences dealing...

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Estate Agent Referrals – Punishment & Corruption

Posted on October 26, 2008 by | 9 Comments
OPINIONby Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd   I have previously written about estate agents who refer clients to “pet” solicitors and conveyancers in return for payment, and the corrupting effect this has on the industry. An equally insidious form of client referral is the “punishment referral”. This is where the estate agent refers clients away from a lawyer or conveyancer as a form of punishment. Two...

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Shopping Around For A Conveyancer

Posted on October 23, 2008 by | 0 Comments
by Shannyn HunterConveyancer shannyn@lawyersconveyancing.com.au Lawyers Conveyancing  Not many people know exactly what conveyancing is, so when they buy or sell property and need to find a conveyancer it is difficult to know how to compare the companies on offer and pick one from the bunch. The following is designed to give the real estate consumer information to be able to ask the right questions and choose a conveyancer or solicitor with confidence. conveyancing companies vs law...

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Stamp Duty, Banks and the Old Responsibility Hot Potato

Posted on October 17, 2008 by | 0 Comments
by Shannyn HunterConveyancer shannyn@lawyersconveyancing.com.au Lawyers Conveyancing  Since the State Revenue Office (SRO) made changes to the stamp duty payable on property purchases earlier this year, many clients have contacted us with questions about how much stamp duty they will pay, where to get the form for a concession and where to send it. Previously, when clients asked for help they were directed to their bank (if they were getting a loan), because their bank calculates the...

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First Home Owner Grant – Fraud Warning

Posted on October 16, 2008 by | 16 Comments
OPINIONby Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd Since 14 October, 2008 we have received numerous telephone enquiries from purchasers of residential real estate who want to change the date of their purchase contract in order to become eligible for the increased First Home Owner Grant. Consumers are warned that the changing of dates on a contract could constitute a serious criminal offence. What happens if a person,...

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First Home Owner Grant (FHOG) Increases

Posted on October 16, 2008 by | 4 Comments
by Shannyn HunterConveyancer shannyn@lawyersconveyancing.com.au Lawyers Conveyancing  As Australians brace themselves for the global economic shockwave, the Government has announced its “Economic Security Strategy”. The $10.4 billion dollar Government package aims to protect the Australian economy by stimulating the building industry, investment and employment. Prime Minister, Kevin Rudd, believes that the housing sector is critical to Australia’s economic performance. So part of the package is a $1.5 billion dollar boost to the First Home Owner Grant (FHOG)...

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Sex and the Single Seller

Posted on October 16, 2008 by | 5 Comments
OPINION by Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au   Do real estate agents score more sexual favours during home inspections than solicitors do at conveyancing settlements? Do agents experience more sexual harassment during inspections than solicitors at settlements? And how do DIY sellers fare? I raised these not-often-asked questions with American lawyer / novelist Mark Gimenez at the 2008 Brisbane Writers’ Festival after he participated in a public discussion about his best-selling novel The Colour...

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New Contract of Sale of Real Estate – FREE Download!

Posted on October 9, 2008 by | 20 Comments
OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd     I have been very critical of the underhanded approach taken by the Real Estate Institute of Victoria (REIV) in designing the new standard form Contract of Sale of Real Estate so as to create an even more deceptive document than the old Contract Note. To put my money where my mouth is I have...

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