Tag Archive: Conveyancing

Conveyancer Fined Over Conflict of Interest

Posted on September 13, 2010 by | 8 Comments
The Office of Consumer and Business Affairs (OCBA) is warning conveyancers of their legal duty to declare any relevant interests on properties they deal with, following successful disciplinary action in the District Court. Today Judge Wayne Chivell officially reprimanded Bernard Ignatius Flood and fined him $2000 as a result of Mr Flood acting unlawfully and negligently in his practice as a conveyancer. Mr. Flood has operated a conveyancing business in Mount Gambier but the court...

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Licensed Conveyancers Are Not Welcome in Queensland! (Or the A.C.T.)

Posted on September 8, 2010 by | 18 Comments
OPINIONby Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au   The Queensland Law Society has happily informed its solicitor members that the Queensland Government does not intend to allow licensed conveyancers to practise in the Sunshine State. No matter that many solicitors here have long disguised themselves as conveyancers, and conduct their conveyancing practices under imaginative, less-than-imaginative and less-than-professional business names where the words “conveyancing’ or “conveyancers” feature prominently. Consider these crass examples: Affordable Conveyancing, Aussie Conveyancing,...

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Licensed Conveyancing – Deader Than Dead!

Posted on July 6, 2009 by | 15 Comments
OPINIONby Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd   There are hard times ahead for the real estate conveyancing industry, and particularly for licensed conveyancers. Since non-lawyer conveyancers became licensed their lot has become ever more difficult. On top of these difficulties comes the gloomy prediction of NAB Chief Economist Alan Oster. The following article appeared in the Legal Affairs section of The Australian Financial Review (Friday 3...

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Conveyancing For Both Parties – A High Risk Practice

Posted on March 24, 2009 by | 1 Comment
OPINIONby Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au   Acting for both parties is an unwise, high-risk practice for solicitors and their trusting clients. It should be prohibited absolutely by law. Brisbane solicitor Richard Ebbott is mentioned twice in real estate rebel Neil Jenman’s book, DON’T SIGN ANYTHING! Jenman describes how Ebbott handled the conveyancing for two Sydney clients who lost more than $50,000 each after buying two overpriced Brisbane townhouses. Then four years later Ebbott...

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Solicitors Can Make Conveyancing Mistakes

Posted on December 22, 2008 by | 0 Comments
OPINIONby Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au   An Appeal Court has ruled that a father and his daughter validly escaped a developer’s option to buy their property because of a solicitor’s slackness over the Christmas-New Year holiday period.When Maitland Murray and daughter Jacqueline bought a bungalow in Birmingham, England, from pension fund trustees one of the sale terms gave the trustees, who owned adjoining playing fields, an option to re-purchase from Murrays.  This option...

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REIV Caught Cheating – Again

Posted on December 8, 2008 by | 22 Comments
Opinion by Neil Jenman Consumer Advocate For many years, the Real Estate Institute of Victoria (REIV) has misled and deceived real estate consumers. Whether it be trying to justify (or deny) dodgy practices such as false price quoting or whether it’s brushing-aside common claims of widespread dishonesty, as far as real estate bodies go, they don’t come much dodgier than Victoria’s Real Estate Institute (REIV).     The institute is headed-up by Enzo Raimondo (who...

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AICVIC "Strongly Recommends" Against Corruption?

Posted on December 7, 2008 by | 8 Comments
OPINIONby Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd   If the head of a police force or a government department were to attack entrenched corruption by telling its members that it “strongly recommends” that they refrain from involvement, one would question whether the organisation was serious. In earlier postings I have attacked the Australian Institute of Conveyancers (Victorian Division) (AICVIC) not only for failing to take action to...

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The Finance Approval Minefield

Posted on October 2, 2008 by | 2 Comments
by Shannyn HunterConveyancer shannyn@lawyersconveyancing.com.au Lawyers Conveyancing  Anyone who has dealt with the banks for a home loan will tell you about their battle scars with pride. Simply securing finance approval can be a frustrating and baffling task. An anxious purchaser can be kept waiting for finance approval because the valuation has been delayed, the vendor has gone overseas, the valuation has been done but your documents are being processed, your broker is on leave, your call...

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Beware of Agents’ Pet Building Inspectors!

Posted on September 8, 2008 by | 10 Comments
OPINIONby Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au When will governments put in place stronger legislative measures to protect real estate consumers not only from self-serving real estate agents, but also from their own trusting natures? The story below from a school teacher client of mine, whilst ending happily, gives ample reason for a long-overdue legal prohibition on agents’ referring buyers to building inspectors, mortgage brokers, solicitors and the like. “A recent experience with building inspectors...

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Latest "Clayton’s" Finanace Approval Letter

Posted on June 15, 2008 by | 3 Comments
by Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au   This latest “Clayton’s” finance approval letter is hot off my fax machine. Last year I reported on an upbeat broker’s keenness to show me that my clients’ finance had been “approved” – by way of a copy of a letter from the lending bank confirming that the loan application had been “Unconditionally Approved.” (see: Clayton’s Finance Approval (The Approval You Have When You Don’t Have Approval)). Responsible...

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