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  • Pauline Ferguson of Barry Plant Real Estate Croydon

    Pauline Ferguson, switched the contract my firm had prepared, and replaced it with a simple ''fill in the blanks'' Contract Note. Neither Pauline Ferguson nor her boss, Geoff Thompson, made any attempt to discuss the matter with me (probably because they knew they would be told reminded that it is illegal for them to tamper with contracts), and ...
    Posted to Estate Agent Gallery (Gallery) by Peter Mericka on August 18, 2008
  • Geoff Thompson - Contract Switching At Barry Plant RE

    OPINIONby Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector 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 is ''The red carpet experience''. I felt that the red carpet had been pulled out from ...
    Posted to Australian Real Estate Blog (Weblog) by Peter Mericka on August 18, 2008
  • Agent pushing to sign contract before price agreement

    Hi All,  I have been in the game of looking for a house now for about 2 months. The latest agent (not the listing agent) for a house that we really like is being really pushy for a higher price and for us to sign a contract. We have offered less than the advertised price and have worked our way towards the asking price, however, ever since ...
    Posted to Consumer Questions (Forum) by edonnolley on August 10, 2008
  • David Sowersby - Serial Switcher of Contracts

    OPINIONby Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd   David Sowersby is the Director of Walshe & Whitelock Real Estate, Brunswick and an Associate of the Real Estate Institute of Australia. David Sowersby is also a ''contract switcher''. Some years ago I ...
    Posted to Australian Real Estate Blog (Weblog) by Peter Mericka on July 31, 2008
  • Re: How many signed copies when preparing a contract?

    I really don't see why a photocopied contract would not be accepted by a court.  Sure, the ''best evidence'' rule applies, but if the court accepts the photocopied contract as the embodiment of the agreement between the parties (and this would be on the basis of evidence put before the court), there is no reason why the matter could not ...
    Posted to Consumer Questions (Forum) by Peter Mericka on July 10, 2008
  • Re: How many signed copies when preparing a contract?

    Victoria and Queensland are the only states in Australia where lawyers have surrendered the contract to the estate agent, so this problem seems confined only to those two states.  I have noticed that estate agents have come to regard themselves as the custodians of the ''original'', and that they are often reluctant to deliver originals to ...
    Posted to Consumer Questions (Forum) by Peter Mericka on July 10, 2008
  • Barry Plant Real Estate - "Gazumping" Clause

              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 condition which is inserted into a purchaser's ...
    Posted to Australian Real Estate Blog (Weblog) by Peter Mericka on May 7, 2008
  • Beware of Enzo Raimondo's "Wheelers & Dealers"

    by Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector 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''. They are usually the ones who cause the wheels to fall off real estate transactions, ...
    Posted to Australian Real Estate Blog (Weblog) by Peter Mericka on April 3, 2008
  • Preventing Estate Agents From Preparing Contracts

    by Tim O'Dwyer M.A., LL.BSolicitorConsumer 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 Bulletin newspapers, on ABC radio and here in the Australian Real Estate Blog, I ...
    Posted to Australian Real Estate Blog (Weblog) by Peter Mericka on March 13, 2008
  • Guide For Buying and Selling

    Hi,   Most people who are buying or selling a home or property are usually a little nervous about doing so unless they have done it a few times. Is there much in the way of a guidebook available on the internet for helping folks to know what the process is when buying and selling real estate in Australia. As I read your forum posts, it ...
    Posted to Consumer Questions (Forum) by Tasmanian-Property.com on March 13, 2008
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