The Building Legislation Amendment (Consumer Protection) Act 2016(the Act) which was passed by the Victorian Government on 19 April 2016 imposes sweeping reforms in respect to a number of significant areas affecting residential construction in Victoria. By reason of a Proclamation published in the Victoria Government Gazette No. S 194 dated 21 June 2016, certain sections of the Act are to commence and ‘become live’ on 4 July this year. While the purpose of the...
Continue Reading »
For all the neatly angled flags, shining A-frame notices and freshly-stocked clipboards, the urban warfare of the Sydney open-house inspection has a slyly winking underbelly. Throwing the doors of our most valuable properties open to Joe Public has a way of bringing about the baddest of bad behaviour, from neighbourly sabotage to staged lunacy. Add to that the litany of minor accident booby-traps, alarm debacles and fiendish take-no-prisoners buying strategy, and the Saturday morning house-viewing...
Continue Reading »
The quick version of that post is that there’s a company in Mississippi that has patented the use of infrared cameras for home inspections. Basically, they claim that if a home inspector uses an infrared camera as part of their home inspection, the home inspector is infringing on their patent rights. Absurd, right? Let me explain why I care about this topic. My infrared camera is definitely the coolest home inspection tool that I own. I can bust my...
Continue Reading »
What do you do when your property has been listed for sale and your agent refuses, on the basis of the Privacy Act, to give you the names of prospective buyers introduced to your property? Well, you stick it right up your agent as clients of mine recently did. These folk had listed their home with a local agent who was a member of the Real Estate Institute of Queensland (REIQ). Their listing agreement with...
Continue Reading »
OPINIONby Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd Some time ago I wrote a posting about thefts during property inspections, and noted that some estate agents were including clauses in their sale agreements with vendors that indemnify the estate agent against theft or damage during a property inspection. I also suggested that it is time to “take estate agents and thieves out of vendors’ homes“. My last posting...
Continue Reading »
by Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au Home buyers must always ensure, when contracting subject to satisfactory building inspection reports, that adequate time has been provided for this in their contracts. In my experience, the ideal time is 30 days from the contract date. This allows for the inspector to make his inspection, prepare his report, deliver the report to you, and for you to consider it. 30 days also allows time for any...
Continue Reading »
by Peter Mericka B.A., LL.BReal Estate Lawyer Qualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd High-profile Melbourne real estate agent Ian Reid has copped some heavy criticism in the past over his Gazumping Clause and his Finance Clause. However, it seems that Ian Reid can be a straight-shooter when it comes to exposing his fellow estate agents. Ian Reid of Ian Reid Vendor Advocacy has become well-known to Melbournians through his radio and...
Continue Reading »
by Peter Mericka B.A., LL.B Real Estate Lawyer and Qualified Practising Conveyancer Victoria Lawyers Real Estate Most real estate consumers are aware that real estate contracts are biased heavily in favour of the vendor, and contain a minefield of terms and conditions. But very few realise that some contracts contain “booby traps” that can do serious damage to BOTH parties! First, we refer readers to our last posting about auction bullying. The auction is an...
Continue Reading »
by Tim O’Dwyer M.A., LL.B Queensland Solicitor & Consumer Advocate watchdog@argonautlegal.com.au Peter Weddel is a fiercely independent licensed building inspector who goes through houses like a dose of salts, takes no nonsense from agents and can’t stand a bar of incompetent conveyancing solicitors (or their clerical staff.) This is part of what he tells his Queensland home-buyer customers: Continue reading “A Building Inspector’s Two Bit’s Worth”
Continue Reading »
Lawyers Real Estate by Peter Mericka B.A., LL.B Real Estate Lawyer and Qualified Practising Conveyancer Victoria Most purchasers of real estate visit the property during the day, or in the early evening. But what if the property has nocturnal problems? Sometimes it’s worth visiting a property in the small hours of the night to find out why the vendors are really selling! Continue reading “Buy By Day – Trouble At Night “
Continue Reading »
