Monthly Archives: February 2011

Real Estate Agent Questions Industry Value

Posted on February 25, 2011 by | 2 Comments
by Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd   “As it stands, Real Estate is the only consumer industry that manages to command percentage fees on selling prices. In an era where average agents will gradually be squeezed out by the internet, it’s a wonder the most costly agents have not been first on the chopping block!“ This is one of the observations made by Michael Atwell, a...

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Costly Court Ruling On Commercial Tenant’s Unauthorised Alterations

Posted on February 20, 2011 by | 2 Comments
OPINIONby Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au   Despite a lease clause prohibiting alterations without the landlord’s consent, an office building tenant redesigned and replaced the foyer of the building without consent. The High Court found the landlord entitled to more than a million dollars in damages to cover not only the cost of reinstating the foyer but also rent lost in the process. Because the landlord was particularly taken with the foyer, which utilised...

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Forget the Insurers, Let’s Blame the Banks

Posted on February 15, 2011 by | 7 Comments
OPINIONby Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au   The blame for many uninsured property and financial losses resulting from floods and from Cyclone Yasi can be sheeted home to banks, building societies, credit unions  and other lenders. Never mind the much-vilified insurance companies whose doubly-devastated policy-holders have found themselves not covered for flood or storm surge damage.  While more than a few insurers may have failed to demonstrate any “utmost good faith” towards their policy-holders,...

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Investigation of a Good Samaritan Conveyancer

Posted on February 8, 2011 by | 4 Comments
OPINION by Tim O’Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au Marty Zelig was a former articled law clerk who, while continuing to study part-time for his law degree, became a project coordinator with a property development company. His new job involved handling all the company’s real estate transactions. So when work-mate Francine Clare and her husband George signed a contract to buy their first home, Marty happily agreed to look after their conveyancing to save...

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