Tag Archive: special condition

Barry Plant Real Estate – "Gazumping" Clause

Posted on May 6, 2008 by | 8 Comments
          It would appear that Barry Plant Real Estate has adopted the tactic of having a “gazumping” clause inserted into real estate contracts. We again warn consumers against allowing estate agents to tamper with the contract. A “gazumping” clause is a special condition which is inserted into a purchaser’s offer by an estate agent. Effectively, it allows a latecomer to the sale to submit a “bid” to the vendor. If the...

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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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When Does A Purchaser Pay The Agent’s Commission?

Posted on June 28, 2007 by | 2 Comments
by Peter Mericka B.A., LL.BReal Estate Lawyer Qualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd Purchasers don’t expect to have to pay an estate agent’s commission, but what if the contract is booby-trapped with a special condition that requires the purchaser to indemnify the vendor? We were asked to advise on a contract prepared by Davis Lawyers of Melbourne, for a property being sold through Edward Letico Real Estate. It would appear that the...

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