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How To Read The Contract Of Sale Of Real Estate
29 October 08 05:47 PM | Peter Mericka | 3 Comments   

OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd The old Contract Note was a very simple document. It contained no General Conditions (these were incorporated by reference) Read More...

Filed under: Contract, contract note, contract of sale of real estate

New Contract of Sale of Real Estate - FREE Download!
09 October 08 02:33 PM | Peter Mericka | 16 Comments   

OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd I have been very critical of the underhanded approach taken by the Real Estate Institute of Victoria (REIV) in designing Read More...

Filed under: REIV, Contract, contract note, contract of sale of real estate

New Contract - Same Old Deception
08 October 08 07:49 PM | Peter Mericka | 3 Comments   

OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd The new Contract of Sale of Real Estate prescribed by the Estate Agents (Contracts) Regulations 2008 was supposed to Read More...

Filed under: REIV, Deception, Contract, contract note, contract of sale of real estate

Beware of Agents' Pet Building Inspectors!
09 September 08 08:54 AM | Peter Mericka | 10 Comments   

OPINION by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au When will governments put in place stronger legislative measures to protect real estate consumers not only from self-serving real estate agents, but also from Read More...

Filed under: Conveyancing, Estate agent, Contract, real estate, pest inspection, building inspection, termites, major structural defect, inspector

Geoff Thompson - Contract Switching At Barry Plant RE
18 August 08 11:12 AM | Peter Mericka | 44 Comments   

OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd Geoff Thompson is the Director of Barry Plant Real Estate in Croydon Victoria, and the Barry Plant Real Estate tag line Read More...

Filed under: REIV, Contract, contract note, Barry Plant Real Estate, geoff thompson, switching contracts, croydon, pauline ferguson

David Sowersby - Serial Switcher of Contracts
31 July 08 03:14 PM | Peter Mericka | 0 Comments   

OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd David Sowersby is the Director of Walshe & Whitelock Real Estate, Brunswick and an Associate of the Real Estate Institute Read More...

Filed under: REIV, Contract, contract note, david sowersby, walshe & whitelock

Barry Plant Real Estate - "Gazumping" Clause
07 May 08 06:39 AM | Peter Mericka | 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 Read More...

Filed under: Contract, special condition, ian reid, contract note, Barry Plant Real Estate, Barry Plant, gazumping

Beware of Enzo Raimondo's "Wheelers & Dealers"
03 April 08 09:41 PM | Peter Mericka | 4 Comments   

by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd There are few things more dangerous for real estate consumers than estate agents who fancy themselves as "wheelers and dealers". Read More...

Filed under: REIV, Contract, Enzo Raimondo, real estate institute of victoria, conditions

Preventing Estate Agents From Preparing Contracts
13 March 08 05:21 AM | Peter Mericka | 11 Comments   

by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au After firing more than a few verbal bullets over recent months at Queensland’s Attorney-General (and Fair Trading Minister) Kerry Shine in The Courier Mail and Gold Coast Read More...

Filed under: Conveyancing, Estate agent, Agent, Contract, ethics, queensland, kerry shine, conflict of interests, contract of sale, contract note

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

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

Real Estate Agents Preying On Battlers
28 January 08 06:42 PM | Peter Mericka | 3 Comments   

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

Filed under: Conveyancing, Estate agent, Conveyancer, Lawyer, Contract, Consumer Affairs, conflict of interests

The "Oh", "Really?" and "I Wish I Had Known That!" of Making an Offer and Organising Finance
24 January 08 09:55 AM | Shannyn Hunter | 7 Comments   

by Shannyn Hunter Conveyancer 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, Read More...

Filed under: Conveyancing, Estate agent, Deposit, Conveyancer, Purchase, Lawyer, Deception, Finance, Sale, Agent, Residential, Valuation, Contract, finance condition, real estate, special condition, solicitor, legal advice

Deep North Agents "Re-licensed" to Practise Real Estate Law
10 January 08 09:00 AM | Peter Mericka | 17 Comments   

by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au From July 1st last year the role of Queensland real estate agents in preparing contracts was severely limited by law. Sit back, dear readers, as I now blow the whistle Read More...

Filed under: Contract, ethics, queensland, kerry shine, legal advice

Max Brown Real Estate: Dodgy Advice & Conflicting Interests
08 January 08 09:16 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 It is fitting that the logo of Max Brown Real Estate should depict the estate agent as a shadowy faceless figure, as it suggests Read More...

Filed under: Agent, Contract, ethics, conflict of interests, legal advice, max brown real estate