Tag Archive: caveat

Real Estate Regulators – No Fault With Real Estate Agent’s Caveat Clause

Posted on July 28, 2011 by | 6 Comments
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...

Continue Reading »

Conveyancing Consumer Alert – Beware of the Sneaky Stamp!

Posted on July 13, 2011 by | 2 Comments
OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd Real estate agents have no automatic right to lodge a caveat over a client’s property to secure the payment of commission. So some cunning real estate agents are adding a clause to the agency contract by which the client gives the real estate agent permission to lodge a caveat. If a real estate agent adds a...

Continue Reading »

Unregistered Caveat Gave No Protection

Posted on September 27, 2010 by | 1 Comment
OPINIONby Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au In 1987 Igor and Nina Petrov purchased a home near Woollongong in New South Wales, and lived there for 19 years. Because they were in business at that time, and fearing potential trade creditors’ claims on their assets,  Petrovs kept the property out of their own names by buying it in their daughter Olga’s name – apparently on legal advice. Petrovs would later fraudulently claim and receive pension...

Continue Reading »

Sugar-Daddy Sought Security for His Largess

Posted on August 2, 2010 by | 0 Comments
OPINIONby Tim O’Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au If a good Samaritan wants to buy you a property, watch out for any equitable strings attached! After Charles Irvine and Soozie Cooper met through an internet dating service in March 2006, they entered into a sexual relationship.   Charles was a successful businessman while Soozie was less financially secure.   She had a job, owned her home and was paying off a bank mortgage.   Charles’ and Soozie’s relationship lasted...

Continue Reading »