Three men have been charged over a property fraud in Western Australia that saw them allegedly steal over $6 million. The Major Fraud Squad has reported that a 70 year-old York man and a 43 year-old south Perth man have each been arrested for six counts of causing detriment to a person by fraud. Another 45 year-old York man has also been charged with four counts. The charges relate to the sale of six rural...
Continue Reading »
By George Rousos Director Industry Training Consultants P: (02) 49 436110 F: (02) 49 436110 M: 0416 297197 e: george@itc.nsw.edu.au Back in 2010 we received an enquiry about the real estate auction method in NSW and the sharp, deceptive practices that are sometimes used to enforce a contract. A consumer buyer, whom we spoke to, believed they were induced to enter into a contract at auction by misleading and deceptive conduct and was considering a civil...
Continue Reading »
OPINION by Tim O’Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au During 2008 the Commonwealth Bank made loans totalling $13.5 million to Matthew Perrin, his wife Nicole and their family company. Among other securities, the bank relied on guarantees and mortgages apparently signed by Nicole. Some of these encumbered Perrins’ (previously unencumbered) sprawling Cronin Island family home held in Nicole’s name. Within six months Matthew, but not Nicole, was bankrupt. When the bank eventually sued...
Continue Reading »
OPINIONby Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au Sellers learn a costly lesson after making a private sale where the buyer was originally introduced by their estate agent. “All buyers are liars!” An exaggeration, certainly. But experienced sales-people know you should always take with a grain of salt anything prospective buyers tell you. Justin and Jane Johnson did not doubt what their buyer said when they sold their home privately. They believed him and relied (ultimately...
Continue Reading »
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...
Continue Reading »
The Queensland Law Society has issued the following Fraud Alert: It has come to the Society’s attention that a property seller in Queensland has been approached by, what purports to be, a UK-based law firm called ‘Baur and Associates’. The Associate/Department Head from that firm, ‘Catanese Palacios’ has advised the seller that (s)he acts for a client who is interested in purchasing the seller’s property and requests the seller to...
Continue Reading »
OPINIONby Neil Jenman Consumer Advocate A former Ray White franchise agent, John Michael Talia, has been convicted of obtaining property by deception. Last Thursday (August 14, 2008), after the guilty verdict was read out in the Victorian County Court, John Talia was remanded in custody. Locked up. Well done prosecutors. It’s about time that agents who rob the naïve and the elderly were properly punished – and the proper punishment for agents such as John...
Continue Reading »
by Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au Last week I received this email: “Tim, I was wondering if you could help me with a strange clause. A woman wants to purchase a property for $500,000. She wants to get extra money from the banks to cover deposit, so this is what she proposes: Contract Price: $670,00030% deposit (deposit is not physically paid, but sellers acknowledge that the deposit has been) Then at settlement, she pays the...
Continue Reading »
