OPINION by Tim O’Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au Real estate agents are rarely prosecuted or sued. Sure, we regularly hear about misbehaviour in the real estate industry and occasionally a real estate agent appears in court, but this is a rarity compared to the level of misbehaviour and misconduct encountered by consumers on a day to day basis. The reason for the low rate of court actions against real estate agents is the...
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OPINION by Tim O’Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au Not only had the buyers purported to “charge” the property with the seller’s agent’s commission liability while consequently consenting to the agent’s lodgement of an instrument-stopping caveat over the title, but also the seller had “irrevocably” authorized and directed the buyers’ solicitor to pay this commission at settlement. After reading Peter Mericka’s excellent blog post, Conveyancing Consumer alert- Beware of the Sneaky Stamp, I was...
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by George Rousos Director Industry Training Consultants george@itc.nsw.edu.au Franois-Marie Arouet, better known by the pen name Voltaire, was a French writer and philosopher famous for his wit and for his advocacy of civil liberties, including freedom of religion and free trade. One of Voltaire’s famous sayings was, and I quote: “We must distinguish between speaking to deceive and being silent to be reserved.” “We must distinguish between speaking to deceive and being silent...
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OPINIONby Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au To my mind agents particularly should be prohibited from giving buyers so much as a bus timetable, and from recommending even the local Chinese restaurant. Needless to say, solicitors and other service providers to residential buyers should also be prohibited from acting if they are not independent of everyone else involved in the transaction. A recent edition of Australian Property Investor Magazine ( http://www.apimagazine.com.au/ ), on sale...
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OPINIONby Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd There is little doubt that the real estate industry in Victoria is the most corrupt in Australia. This is largely due to the power and arrogance of the Real Estate Institute of Victoria (REIV). The recent dismissal of Mr. John Keating from the REIV ethics committee is an example of the contempt the REIV has for ethical conduct, and...
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by Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd We now have the REIV inventing, and forcing its own legislation on real estate consumers. When will journalists, regulators, lawyers and consumers start thinking for themselves instead of simply watching Enzo Raimondo and the crew at the Real Estate Institute of Victoria (REIV) make fools of them. It’s time to put vendors and purchasers back in control, and to...
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by Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd I was watching “First Tuesday Book Club” on ABC TV a few months ago, and I saw the host, Jennifer Byrne hold up a copy of Brendan Gullifer’s book SOLD. According to Byrne, “I thought it was tremendous fun. And let me tell you, you’ve met these people. They probably sold your house.” Having read SOLD, I can confirm...
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OPINIONby Peter Mericka B.A., LL.BReal Estate LawyerQu alified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd Following on from my previous posting in which I acknowledged Enzo Raimondo, CEO of the Real Estate Institute of Victoria (REIV) as a master of the partial-truth, comes a newspaper article in which Raimondo confirms that “Much misinformation is abroad about property sales” (sic). Of course, Raimondo does not acknowledge his own role in the dissemination of this...
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OPINIONby Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au The Supreme Court of New South Wales recently ruled that the buyers of an off-the-plan property were entitled to a rescission of their contract and a deposit refund because the estate agent for the developer had engaged in misleading and deceptive conduct. These inexperienced investor-buyers had relied on baseless representations in newspaper advertisements that the value of the inner city terrace units being marketed by the agent...
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OPINIONby Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd It’s time for consumers to get serious about the tricks and criminal conduct associated with real estate auctions. As most of the criminal conduct associated with auctions takes place when the auction is in progress, the logical solution is to make a record of the proceedings. The video recording of every real estate auction would greatly assist in keeping...
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