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At Loggerheads Over Seasonal Lodging
02 December 09 08:19 AM | Peter Mericka | 2 Comments   

OPINION by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au Contractual time limits which run out between Christmas and New Year should, as this Blog has previously shown, ring alarm bells for purchasers and their legal Read More...

Filed under: Contract, time of the essence, termination, lodging

Negligent Misrepresentation on Home Owner Contracts
01 August 09 10:45 AM | Peter Mericka | 3 Comments   

OPINION by George Rousos Director Industry Training Consultants george@itc.nsw.edu.au Statutory authorities must start exercising the same degree of care towards sellers as they do with buyers of properties. It was discovered and found on The NSW Office Read More...

Filed under: Contract, misrepresentation, office of fair trading: NSW, rousos, negligence

Estate Agents Kicked Out Of Negotiations
13 March 09 09:45 AM | Peter Mericka | 17 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 been parading about in their "negotiator" suits like the naked emporer in his invisible new clothes, Read More...

Filed under: Contract, negotiation, negotiator

Official Disinterest In A Forgery Of "Convenience Only"
14 February 09 01:56 PM | Peter Mericka | 4 Comments   

OPINION by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au A Logan City (Queensland) couple, Jose and Maria, heard glowing reports from a Filipino friend of his negatively-geared property investments. After Jose and Maria Read More...

Filed under: Contract, office of fair trading, forgery

Off-The-Plan Unit Contracts At Risk
11 February 09 03:27 PM | Peter Mericka | 0 Comments   

OPINION by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au Conveyancing solicitors across Queensland have been anxiously scurrying to their filing cabinets to check settled and unsettled off-the-plan unit contracts following Read More...

Filed under: Contract, unit, off-the-plan

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 | 18 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