Tag Archive: Conveyancing

Victoria’s Section 32 Statements – Tread Warily In This Conveyancing Minefield

Posted on May 19, 2008 by | 7 Comments
by Tim O’Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au   Victoria’s solicitors have been informed by their Legal Practitioners’ Liability Committee (“LPLC”) that their mishandling of property conveyancing is one of the most costly sources of clients’ negligence claims. Whether acting for vendors or purchasers, conveyancing solicitors have been warned to be especially careful regarding Section 32 Statements.   Section 32 of Victoria’s Sale of Land Act 1962 requires vendors of real estate, before contracts...

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How I Became An Estate Agent’s Hero

Posted on April 23, 2008 by | 4 Comments
by Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au   Brisbane conveyancing solicitor Chris Bridge became concerned when he noticed that his buyer client’s contract included a special condition authorising the pre-settlement release of the selling agent’s commission.  Such a “pre-draw” practice may be legal elsewhere if the contracting parties agree, but not in Queensland where Section 385 of the Property Agents and Motor Dealers Act (PAMDA) permits agents to take commissions from their trust accounts only...

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Preventing Estate Agents From Preparing Contracts

Posted on March 12, 2008 by | 10 Comments
by Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au   After firing more than a few verbal bullets over recent months at Queensland’s Attorney-General (and Fair Trading Minister) Kerry Shine in The Courier Mail and Gold Coast Bulletin newspapers, on ABC radio and here in the Australian Real Estate Blog, I finally got a response (of sorts). The critical issues, of course, had been the largely unregulated role of legally unqualified real estate agents in the preparation...

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Walk Away To Bid Another Day

Posted on February 18, 2008 by | 1 Comment
by Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au Walk away to bid another day – but not before the auction is over. Picture yourself as a duly registered, cashed-up bidder at the auction of a seaside mansion.  Bidding starts at $6.5 million.  You join in as bidding progresses to $7.5 million. Then the auctioneer announces that the property is “on the market” – meaning that the reserve price has been reached and any higher bid will,...

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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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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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Why Do Some Lawyers Delegate Contract Responsibility To Estate Agents?

Posted on December 10, 2007 by | 0 Comments
by Peter Mericka B.A., LL.BReal Estate Lawyer Qualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd   Many, if not most, lawyers and conveyancers play along with the pretence that it is the role of the estate agent to advise the purchaser and the vendor on contract law, and to prepare and execute the contract of sale on behaof of both parties.  It would appear that lawyers and conveyancers have found that it is cheaper...

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Who Will Pay The (Legal) Ferrymen?

Posted on November 28, 2007 by | 1 Comment
 by Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au   Below are comments I have received independently from a couple of legal colleagues. They are clearly quite concerned about the ‘costs consequences’ of conveyancing solicitors’, rather than real estate agents’, preparing sales contracts. The first comment (slightly edited) comes from a North Queensland practitioner. The second (also edited a tad) is from a Brisbane suburban solicitor. COALFACE CONCERNS “I enjoy your Real Estate Blog, and particularly the...

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Great Rate, With A Terrible Headache

Posted on November 28, 2007 by | 1 Comment
by Shannyn HunterConveyancer shannyn@lawyersconveyancing.com.au Lawyers Conveyancing  Imagine my client’s glee when he received pre-approval for a loan to buy his first home.  The broker had found him a low rate – he hadn’t been able to borrow enough from the major lenders – and had promised the world. Fast forward three months, and he’d missed several days of work to satisfy the banks requirements, and was at risk of losing the property twice due to the...

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