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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

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

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

Cameron Fisher - Something Very Fishy!
28 February 08 05:27 PM | Peter Mericka | 8 Comments   

by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd On Tuesday 26 February, 2008 I typed "Docklands" into the search facility at www.realestate.com.au. On page 4 of the Docklands Read More...

Filed under: Estate agent, real estate, cameron fisher, docklands, melbourne, changing places

Don't Be A Party To Mortgage Fraud!
27 February 08 06:49 AM | Peter Mericka | 1 Comments   

by Tim O'Dwyer M.A., LL.B Solicitor Consumer 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 Read More...

Filed under: Estate agent, Conveyancer, Lawyer, mortgage, mortgage fraud, fraud, mortgage broker

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

Ian Reid Takes Aim At Fellow Estate Agents
18 January 08 05:30 PM | Peter Mericka | 0 Comments   

by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd High-profile Melbourne real estate agent Ian Reid has copped some heavy criticism in the past over his Gazumping Clause and his Read More...

Filed under: Estate agent, Inspection, OFI, open for inspection, ian reid, open house

David Falk - An Example of Estate Agent Power
10 December 07 08:00 PM | Peter Mericka | 7 Comments   

by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd Continuing our theme on estate agents and their control over the contract stage of the sale transaction, the following is an Read More...

Filed under: Estate agent, Contract, ethics, conflict of interests

Catch 32 On Solicitors' Independence
06 December 07 08:53 AM | Peter Mericka | 0 Comments   

by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au Queensland’s Office of Fair Trading has lost, and lost badly, a landmark case mounted in the Commercial and Consumer Tribunal against Gold Coast solicitor Donald Dickie. Read More...

Filed under: Estate agent, Lawyer, real estate, solicitor, conflict of interests

Estate Agents Revolt Against Toothless Tiger
30 November 07 08:40 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 It's not often that I have to agree with the Real Estate Institute of Victoria (REIV), but they have a point when they question Read More...

Filed under: REIV, Estate agent, Deception, Consumer Affairs, Enzo Raimondo, real estate institute

A Reward For Your Good Word
15 November 07 11:32 AM | Peter Mericka | 1 Comments   

by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au The letter below recently came to me in the mail from a nearby estate agency. This agency happens to be part of a national real estate franchise which proudly boasts “offices Read More...

Filed under: Estate agent, Deception, Marketing, real estate

Catch 24 On Agents' Contracts
22 October 07 10:59 PM | Peter Mericka | 7 Comments   

by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au Since 1st July 2007, Queensland estate agents and their employees have been breaking a law with a maximum penalty for breach of $22,500 or two years imprisonment. On that Read More...

Filed under: Estate agent, Contract, reiq, Office of Fair Trading: QLS

Dodgy Property Data
10 October 07 09:23 AM | Peter Mericka | 4 Comments   

by Terry Ryder Real Estate Journalist Consumer Advocate Confusion reigns as industry rains dodgy data. It's not a new problem but it seems to be getting worse. The muddle of conflicting statistics constantly churned out by the property industry is making Read More...

Filed under: Estate agent, real estate, australian property monitors, terry ryder, data, prices, real estate institute

Agent Shafted by Deputy Watchdog
05 October 07 09:36 AM | Peter Mericka | 1 Comments   

by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au The following tale was sent to me by a legal colleague. He described it as “a little anecdote” that he was sure I would enjoy. "My client owned a rental property that Read More...

Filed under: Estate agent, Agent, Contract, Consumer Affairs, ethics