The Gospel According To Nigel

Posted on April 28, 2007 by | 0 Comments
by Tim O’Dwyer M.A., LL.B Queensland Solicitor & Consumer Advocate watchdog@argonautlegal.com.au   A New South Wales client of mine was interested in investing in New Zealand property through a buyers’ advocate. He sought my advice on the appointment form of a company he had come across. I had some immediate doubts, and warned my client off. Next day Nigel, the company’s director, audaciously phoned me to ask what my concerns were. I in turn asked...

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Why Queensland Estate Agents Don’t Give Discounts

Posted on April 28, 2007 by | 0 Comments
by Tim O’Dwyer M.A., LL.B Queensland Solicitor & Consumer Advocate watchdog@argonautlegal.com.au Will the apparent upturn in Queensland housing prices mean discounted real estate commission rates? Will agents charge sellers less as homes are reportedly sold within days, if not hours, of going on the market? The answer is no – to both questions. Residential agents’ commission rates, unlike property prices, have never been affected by the so-called “market”. Agents will not offer discounts to sellers...

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Winning Auction Bidders Beware

Posted on April 28, 2007 by | 0 Comments
(NOT APPLICABLE IN VICTORIA OR A.C.T.) by Tim O’Dwyer M.A., LL.B Queensland Solicitor & Consumer Advocate watchdog@argonautlegal.com.au   Peter Mericka was correct when he stated in Auctions Exposed As Non-Binding that, as every agent, auctioneer, solicitor and conveyancer knows, a contract for the sale of real estate must be in writing and signed before it can be enforced. More particularly such a contract will be enforceable at law even if it is only “evidenced” in...

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Auctions Exposed As Non-Binding!

Posted on April 28, 2007 by | 0 Comments
by Peter Mericka B.A., LL.B Real Estate Lawyer and Qualified Practising Conveyancer Victoria Lawyers Real Estate When is an auction not an auction? When it’s a real estate auction. This was demonstrated recently when the highest bidder for a $2.7 million property refused to buy it. According to Melbourne’s Sunday Herald Sun newspaper: “…the sale failed to go ahead, despite the winning bidder making several bids to buy the property in front of a crowd...

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Bidding Wars Between Would-Be Tenants

Posted on April 28, 2007 by | 0 Comments
by Tim O’Dwyer M.A., LL.B Queensland Solicitor & Consumer Advocate watchdog@argonautlegal.com.au  Queensland’s Courier Mail newspaper has reported that tenancy advocacy groups are warning that bidding wars between desparate tenants are causing havoc in the Queensland rental market. This fiercely competitive market, the groups claim, has been hit hard by low vacancy rates and high property prices. Queensland Shelter’s Adrian Pisarski told The Courier’s housing reporter, Amanda Horswill, that a shortage of properties was forcing would-be...

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Enlightenment On Illegal Structures

Posted on April 28, 2007 by | 0 Comments
by Tim O’Dwyer M.A., LL.B Queensland Solicitor & Consumer Advocate watchdog@argonautlegal.com.au  At last a penny has dropped in Queensland on the perennial issue of illegal structures. One enlightened local government authority has produced a brochure to alert residential sellers and buyers alike to the problems of illegal garages, carports, roofed pergolas and patios, decks, garage conversions, downstairs toilets, spas and pools – all too often added without requisite council approvals or inspections, but invariably not...

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Auctioneer Booed!

Posted on April 28, 2007 by | 0 Comments
by Peter Mericka B.A., LL.B Real Estate Lawyer and Qualified Practising Conveyancer Victoria Lawyers Real Estate   Consumers are starting to wake up! Finally the market has turned on an auctioneer, and refused to be manipulated. Although it was tucked away on page 5 of yesterday’s Sunday Herald-Sun newspaper (Sunday Herald-Sun p.5 4 March, 2007), this small article, titled “Auction booed”, indicates that consumers are growing tired of the artificial manipulation of the the real...

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Real Estate Best Practice – Introduction

Posted on April 28, 2007 by | 0 Comments
by Peter Mericka B.A., LL.B Real Estate Lawyer and Qualified Practising Conveyancer Victoria Lawyers Real Estate “The real estate industry is a dishonest industry!” This simple statement will be regarded by some as a serious and unjustified attack on a powerful and well-established industry, and by others as a trite truism. In coming posts we will put the real estate industry under the microscope and examine it in a way that has never before been...

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Counterfeit Certificates of Title

Posted on April 28, 2007 by | 0 Comments
A warning issued by the by the Law Society of New South Wales The Law Society of New South Wales has received advice from the Registrar General that LPI Sydney has again intercepted counterfeit Certificates of Title lodged with mortgage documentation. The counterfeit title is an accurate representation of the form used prior to the new form of Certificate introduced in January 2004. It is extremely difficult to identify the counterfeit without careful examination and...

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Witnesses Beware!

Posted on April 28, 2007 by | 0 Comments
by Tim O’Dwyer M.A., LL.B Queensland Solicitor & Consumer Advocate watchdog@argonautlegal.com.au   A recent court decision in New South Wales rings warning bells to all those asked to witness property documents. The law is familiar, the Court of Appeal judge remarked, with cases where someone forges a property owner’s signature on a mortgage, induces someone else to witness the forgery then borrows money on that security. “Often the forger has been the husband of an...

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