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  • What can we do?

    my girlfreind got a new job a few towns over and we had to move, we found out about a 3 bedroom house after talking to the estate agent on the phone (the only agent that services the area), we drove over 100km and saw the house on 24th of jan, he said it was avail on friday the 29th, we were excited to get a house that quick, and it being the only ...
    Posted to Consumer Questions (Forum) by stretched_steel on February 15, 2010
  • At Loggerheads Over Seasonal Lodging

    OPINIONby Tim O'Dwyer M.A., LL.BSolicitorConsumer 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 advisers.  Nevertheless, neither developer Bannercorp* Pty Ltd nor its ...
    Posted to Australian Real Estate Blog (Weblog) by Peter Mericka on December 2, 2009
  • Agents Should Take & Want to take responsibility

    I have spent 8 years in real estate in QLD. Personally I find NSW to be in the dark ages. I have not yet come across either a Vendor nor purchaser that does not believe that QLD has a superior system. I would like to hear from other NSW agents that have had simmilar feedback. I would also like to hear feedback from agents that envolve thamselves ...
    Posted to Consumer Questions (Forum) by reality on September 25, 2009
  • Negligent Misrepresentation on Home Owner Contracts

    OPINIONby George RousosDirectorIndustry Training Consultantsgeorge@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 Of Fair Trading’s website, no cooling-off period  applies to ...
    Posted to Australian Real Estate Blog (Weblog) by Peter Mericka on August 1, 2009
  • Can I cancel a contract after the cooling off period?

    Is it possible to cancel a contract after the cooling off period has finished?  We have had a major change of mind due to new information coming to hand, and we no longer wish to proceed with buying the house in Victoria.  What should we do?  Thanks in advance for any comments.
    Posted to Consumer Questions (Forum) by chezzak on July 17, 2009
  • Re: Agent getting buyer to send on contracts

    Hi Matilda, The responsibility for getting the contract right has always remained with the individual vendor or purchaser.  Do you really think that the real estate agent takes any responsibility for anything?  Real estate agents regularly tell me that problems in the contract are not their doing - after all, the purchaser/vendor signed ...
    Posted to Consumer Questions (Forum) by Peter Mericka on June 7, 2009
  • Re: Agent getting buyer to send on contracts

    Hi Matilda, There is nothing wrong with this, as real estate agents should NEVER EVER handle contracts, other than to simply supply them to the purchaser.  By sending the contract to the purchaser the real estate agent is giving the purchaser every opportunity to read the contracts, to obtain legal advice on them, and to do things without ...
    Posted to Consumer Questions (Forum) by Peter Mericka on June 7, 2009
  • Estate Agents Kicked Out Of Negotiations

    OPINIONby Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector 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, trying to convince consumers of their competence in real estate negotiations. I ...
    Posted to Australian Real Estate Blog (Weblog) by Peter Mericka on March 13, 2009
  • Official Disinterest In A Forgery Of "Convenience Only"

    OPINIONby Tim O'Dwyer M.A., LL.BSolicitorConsumer 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 showed some interest in making such investment themselves their friend helpfully ...
    Posted to Australian Real Estate Blog (Weblog) by Peter Mericka on February 14, 2009
  • Off-The-Plan Unit Contracts At Risk

    OPINIONby Tim O'Dwyer M.A., LL.BSolicitorConsumer 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 a surprise court decision. Serious repercussions could flow far and wide from this ...
    Posted to Australian Real Estate Blog (Weblog) by Peter Mericka on February 11, 2009
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