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How To Pay Two Commissions In One Sale
16 September 08 02:33 PM | Peter Mericka | 5 Comments   

OPINION by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au There is an old joke about Lady Cul de Sac. She did not want the title, but there was no way out. Julie James (not her real name) did not want to complete the Read More...

Filed under: Commission, exclusive sale authority, specific performance

One Sale - Two Commissions
27 June 08 07:00 AM | Peter Mericka | 4 Comments   

by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au Carly Gillard was staggered, after settling the sale of her Northern New South Wales property, to find herself facing commission claims from two real estate agencies. Read More...

Filed under: Commission, exclusive agency, exclusive sale authority, swann realty

How I Became An Estate Agent's Hero
23 April 08 03:34 PM | Peter Mericka | 4 Comments   

by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au Brisbane conveyancing solicitor Chris Bridge became concerned when he noticed that his buyer client’s contract included a special condition authorising the pre-settlement Read More...

Filed under: Commission, Conveyancing, Deposit, deposit release, Estate agent, pamda, real estate, realtor, Section 27

Another Nail in the Auction Coffin
14 February 08 07:37 PM | Peter Mericka | 1 Comments   

by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd The Real Estate Institute of Victoria (REIV) has been forced to come clean, and to admit to consumers that "...no binding contract Read More...

Filed under: Agent, Auction, Commission, Contract, Enzo Raimondo, REIV

What If The Estate Agent Has Already Spent The Commission?
31 January 08 09:44 AM | Peter Mericka | 2 Comments   

by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd As any lawyer or conveyancer will confirm, a contract may have to be cancelled for a variety of reasons, even after it has become Read More...

Filed under: Commission, commission factoring, conflict of interests, Contract, Deposit

Who Will Pay The (Legal) Ferrymen?
29 November 07 06:28 AM | Peter Mericka | 2 Comments   

by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au Below are comments I have received independently from a couple of legal colleagues. They are clearly quite concerned about the ‘costs consequences’ of conveyancing solicitors’, Read More...

Filed under: Agent, Commission, Contract, Conveyancing, ethics, Lawyer

Pricing Propaganda From REIV
29 September 07 08:55 AM | Peter Mericka | 2 Comments   

by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd In his weekly propaganda piece in The Age newspaper (The Age "Domain" 29 September, 2007 p.3) CEO of the Real Estate Institute Read More...

Filed under: Agent, Commission, Deception, Enzo Raimondo, Estate agent, ethics, REIV

Richard Wood Solicitors - Who Needs To Know?
20 September 07 08:24 AM | Peter Mericka | 0 Comments   

by Peter Mericka B.A., LL.B Real Estate Lawyer Conveyancer Consumer Advocate peter@lawyersconveyancing.com.au I have discussed the way in which payments to estate agents can become illegal secret commissions if they are not disclosed, and how the disclosure Read More...

Filed under: Agent, Commission, Conveyancer, Conveyancing, Estate agent, ethics, referral, richard wood, secret commissions

Richard Wood Solicitors Letter – What If The Right Way Doesn’t Pay!
04 September 07 09:20 AM | Peter Mericka | 0 Comments   

by Peter Mericka B.A., LL.B Real Estate Lawyer Conveyancer Consumer Advocate peter@lawyersconveyancing.com.au In the absence of evidence to the contrary, we must assume that Richard Wood Solicitors and Barry Plant Real Estate have done everything the Read More...

Filed under: Agent, Commission, Conveyancer, Conveyancing, Estate agent, ethics, referral, richard wood, secret commissions

Richard Wood Solicitors Letter – An Estate Agent Attacks
27 August 07 06:52 AM | Peter Mericka | 0 Comments   

by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd On 3 August, 2007 I published a posting titled " Richard Wood Solicitors – Gifts To Agents For Client Referrals ". On 13 August, Read More...

Filed under: Commission, Conveyancer, Conveyancing, Estate agent, Lawyer, richard wood, secret commissions

When Does A Purchaser Pay The Agent’s Commission?
28 June 07 12:22 PM | Peter Mericka | 2 Comments   

by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director 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 Read More...

Filed under: Commission, Davis Lawyers, special condition

Early Release (Or Stealing?) Of Commission
10 May 07 10:19 AM | Peter Mericka | 2 Comments   

by Tim O'Dwyer M.A., LL.B Queensland Solicitor & Consumer Advocate watchdog@argonautlegal.com.au A solicitor mate of mine, Chris Bridge, recently had two celebrations: thirty years of legal practice and his first (possible) win with Queensland’s Office Read More...

Filed under: Commission, Deposit, Section 27

How The Regulator Went Through Ray White Like A Dose Of Salts
04 May 07 02:40 PM | Peter Mericka | (Comments Off)   

by Tim O’Dwyer Solicitor* A year after I lodged a bait-advertising complaint with the Australian Competition and Consumer Commission, the ACCC completed its investigations. And, blow me down, the occasionally-maligned regulator produced an extraordinary Read More...

Filed under: Commission, Deception, Estate agent

Reading Between The Regulator's Lines
03 May 07 01:11 PM | Peter Mericka | 0 Comments   

by Tim O’Dwyer M.A., LL.B Queensland Solicitor & Consumer Advocate watchdog@argonautlegal.com.au When Graeme Samuel, Chairman of the Australian Competition and Consumer Commission addressed a gathering of Real Estate Institute of Victoria members Read More...

Filed under: Commission

Roused Regulator Re-Rattles Realtor's Cage
03 May 07 12:44 PM | Peter Mericka | 0 Comments   

by Tim O’Dwyer M.A., LL.B Queensland Solicitor & Consumer Advocate watchdog@argonautlegal.com.au Last year in Property Review Australian Competition and Consumer Commission chairman Graeme Samuel argued that, when a complaint was made, the role of Read More...

Filed under: Commission