What If The Estate Agent Has Already Spent The Commission?

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 unconditional. But what if the estate agent has already spent the commission? Lawyers and conveyancers often have a battle on their hands if a purchaser client needs to cancel the contract, or a vendor client wants to let a purchaser walk away....(read more)

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[Source: Australian Real Estate Blog]

Real Estate Agents Preying On Battlers

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 the item for themselves, but it is a comment to this item that I find particularly interesting. Way down the list of 37 comments to the article is one by a contributor known as Rel. Here is what Rel had to say: Quote: "Its president, Noel Dyett,...(read more)

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[Source: Australian Real Estate Blog]

The "Oh", "Really?" And "I Wish I Had Known That!" Of Making An Offer And Organising Finance

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, with hesitation they sign on the dotted line and their concerns about legal advice are pushed aside. They are locked into a contract. Unfortunately, the emotive attachment that causes you to buy a property can also cause you to forego certain protections...(read more)

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[Source: Australian Real Estate Blog]

Ian Reid Takes Aim At Fellow Estate Agents

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 Finance Clause. However, it seems that Ian Reid can be a straight-shooter when it comes to exposing his fellow estate agents. Ian Reid of Ian Reid Vendor Advocacy has become well-known to Melbournians through his radio and television advertising,...(read more)

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[Source: Australian Real Estate Blog]

Shane Lowe of Methven Real Estate - Switching of Contracts and Conditions

by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd Shane Lowe is the Director of Methvens Professionals Real Estate in Mooroolbark, Victoria. A case of "contract switching" resulted in some startling revalations from Mr. Lowe. It seems that Mr. Lowe and the great P.T. Barnum have much in common when it comes to business ethics. P.T. Barnum is credited with the saying, "Never give a sucker and even break and never wise up a...(read more)

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[Source: Australian Real Estate Blog]

Fair Trading Nabs False Solicitor

by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au Gold Coast conveyancing clerk Anne Mullins and her company Simply Conveyancing Australia Pty Ltd have pleaded guilty to Office of Fair Trading charges that they falsely held themselves out as legal practitioners in breach of Sections 573A and 573C of the Property Agents and Motor Dealers Act (PAMDA). Fair Trading may have made legal history when it laid these marketeering charges, in circumstances of apparent illegal...(read more)

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[Source: Australian Real Estate Blog]

Deep North Agents "Re-licensed" to Practise Real Estate Law

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 on an extraordinary government back-flip. Remember when the Beattie government back-stabbed real estate consumers who had been ripped-off by over-priced property marketeers? In December 2002 amendments to the Property Agents and Motor Dealers Act (PAMDA)...(read more)

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[Source: Australian Real Estate Blog]