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 »
OPINIONby Peter Mericka B.A., LL.BReal Estate LawyerQu alified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd When stupidity reaches the front page of The Age newspaper, something has to be said. Today’s Age screams, “Push to end underquoting” (The Age, Monday 29 March, 2010 p.1). Unfortunately, the author, Property Editor Marika Dobbin, appears to have ignored the real problem and has just followed the parade of misinformed real estate industry commentators. Let me confirm,...
Continue Reading »
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. ...
Continue Reading »
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...
Continue Reading »
by Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au Solicitors, not estate agents, should prepare sales contracts. This is the view of the Gold Coast District Law Association which has called for Queensland to be brought into line with the long-established New South Wales practice whereby agents do not prepare or exchange contracts. Queensland Law Society president Megan Mahon agrees that real estate consumers “should be guided by professional legal advice at every stage”. “The (legal)...
Continue Reading »
by Peter Mericka B.A., LL.BReal Estate Lawyer Qualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd It’s not often that I have to agree with the Real Estate Institute of Victoria (REIV), but they have a point when they question the competence and resolve of Consumer Affairs Victoria (CAV). In an article titled “Real estate agents revolt over underquoting” (The Age 22 November, 2007) Ben Schneiders observes: “Victoria’s real estate industry has moved to...
Continue Reading »
by Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au The following tale was sent to me by a legal colleague. He described it as “a little anecdote” that he was sure I would enjoy. “My client owned a rental property that he leased through a local agent. The tenant wanted to purchase the property. They negotiated a price and my client then asked the tenant to speak to the managing agent about the matter. The agent...
Continue Reading »
by Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au When consumer advocate Neil Jenman sent me a clipping of The Courier-Mail’s report on the 2007 winner of the Office of Fair Trading’s TradeSmart Award, he added a frank warning. “Make sure you have a bucket ready,” he said, “because this’ll make you want to spew.” I was more dismayed than sickened to read how Fair Trading Minister Margaret Keech (in one of her most outrageous acts...
Continue Reading »
by Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au Once, when Queensland’s Premier Peter Beattie was planning a ministerial reshuffle, I offered him this advice: the Fair Trading portfolio, because of its appalling real estate regulation record, should be handled by his Attorney-General – or another legally-qualified minister. Beattie’s Chief of Staff replied: “The Premier does not consider it essential that Ministers have formal qualifications in the areas of their portfolio responsibilities. While there may be advantages in...
Continue Reading »
Opinion by Neil JenmanIf you’re trying to buy a home today, get one thing straight: When it comes to false quotes and bait pricing, no one is coming to your aid. Especially in Victoria.Despite widespread evidence of massive fraud, the regulatory authorities couldn’t seem to care less about homebuyers. The worst example is occurring in Victoria where the Minister for Consumer Affairs, Daniel Andrews, has – wait for it – praised the scoundrels at the...
Continue Reading »
