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OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd Yes, you can now follow us on Twitter - just click on the link below:...(read more)

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[Source: Australian Real Estate Blog]

Goodman Group Bribe Payments

OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd Last year Scott Goodman, a licensed conveyancer and owner of Goodman Group Conveyancing, launched what he called the Goodman Group Conveyancing Referral Program - a scheme whereby a bribe of $150 is paid to a real estate agent each time a client is referred by that real estate agent to Goodman Group Conveyancing for conveyancing services. Anecdotal evidence suggests...(read more)

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[Source: Australian Real Estate Blog]

Conveyancing For Both Parties - A High Risk Practice

OPINION by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au Acting for both parties is an unwise, high-risk practice for solicitors and their trusting clients. It should be prohibited absolutely by law. Brisbane solicitor Richard Ebbott is mentioned twice in real estate rebel Neil Jenman�s book, DON�T SIGN ANYTHING! Jenman describes how Ebbott handled the conveyancing for two Sydney clients who lost more than $50,000 each after buying two overpriced Brisbane townhouses....(read more)

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[Source: Australian Real Estate Blog]

Estate Agents Kicked Out Of Negotiations

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, trying to convince consumers of their competence in real estate negotiations. I have had enough of incompetent real estate agents' stupid mistakes, deceptive practices and consumer indifference. I have now banned real estate agents from the negotiation...(read more)

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[Source: Australian Real Estate Blog]

Estate Agents Kicked Out Of Negotiations

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, trying to convince consumers of their competence in real estate negotiations. I have had enough of incompetent real estate agents' stupid mistakes, deceptive practices and consumer indifference. I have now banned real estate agents from the negotiation...(read more)

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[Source: Australian Real Estate Blog]

Developers Beware...Of Your Marketing Agent's Advertising!

OPINION by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au The Supreme Court of New South Wales recently ruled that the buyers of an off-the-plan property were entitled to a rescission of their contract and a deposit refund because the estate agent for the developer had engaged in misleading and deceptive conduct. These inexperienced investor-buyers had relied on baseless representations in newspaper advertisements that the value of the inner city terrace units being...(read more)

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[Source: Australian Real Estate Blog]

Neil Jenman Fights Back

OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd Neil Jenman does most of his fighting on behalf of consumers who have fallen victim to real estate corruption. But who fights for Neil Jenman when powerful and corrupt real estate industry forces direct their collective fury at him by way of a highly orchestrated and well resourced smear campaign? A group of Jenman's supporters have decided to fight anti-Jenman forces...(read more)

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[Source: Australian Real Estate Blog]

Estate Agents Should NEVER Conduct Inspections

OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd When unknown visitors rummage through children's clothes during a property inspection it can give rise to all sorts of fears and concerns. It is now well known that theft and "snooping trauma" are common occurrences during real estate inspections conducted by real estate agents. Real estate vendors are advised that they should never allow a real estate agent to conduct...(read more)

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[Source: Australian Real Estate Blog]

Video Recording of Real Estate Auctions

OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd It's time for consumers to get serious about the tricks and criminal conduct associated with real estate auctions. As most of the criminal conduct associated with auctions takes place when the auction is in progress, the logical solution is to make a record of the proceedings. The video recording of every real estate auction would greatly assist in keeping real estate...(read more)

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[Source: Australian Real Estate Blog]

Official Disinterest In A Forgery Of "Convenience Only"

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 showed some interest in making such investment themselves their friend helpfully arranged some introductions for them. Before long this pair of novice property investors found themselves signing contracts through an estate agent and financial adviser...(read more)

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[Source: Australian Real Estate Blog]

Off-The-Plan Unit Contracts At Risk

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 a surprise court decision. Serious repercussions could flow far and wide from this decision - not only for the state�s legal profession, but also for the local property development industry and the government. Supreme Court Justice Kenneth Mackenzie�s...(read more)

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[Source: Australian Real Estate Blog]

The Myth of the Real Estate Agent Negotiator

OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd A real estate sale negotiator requires a thorough knowledge of the laws and regulations affecting real estate, drafting expertise to convert ideas into a written document that will give legal effect to the agreement reached, and the ability to recognise threats to the legality of the sale (and to be able to deal with them if they arise). Only a qualified property lawyer...(read more)

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[Source: Australian Real Estate Blog]

Estate Agents As "Legal Advisers"?

OPINION by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au Harcourts real estate agent, Lester Drew, in a recent letter to the editor of Queensland's Courier Mail criticised an earlier column in that newspaper about selling real estate. Drew pointed out in his letter (as published) that columnist Scott Pape was a financial advisor, was not a �registered member� of the Real Estate Institute of Queensland and was �not professionally qualified as deemed by the State...(read more)

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[Source: Australian Real Estate Blog]

REIV - Bad Investment Advice On Buyers' Advocates

OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd As an investment adviser Enzo Raimondo, CEO of the Real Estate Institute of Victoria is the last person a property purchaser should listen to. In his most recent article " Buyer's agent a sound investment " in the Domain section of The Age newspaper Saturday 17 January, 2009, Raimondo is quite dishonest with readers as he misstates the law on purchaser advocacy and...(read more)

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[Source: Australian Real Estate Blog]

Licensed Conveyancers - PI Insurance Problems

OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd Professional indemnity insurance for licensed conveyancers is a high-risk problem. The licensing of conveyancers under the Victorian Conveyancers Act 2006 was expected to safeguard consumers by requiring all licensed conveyancers to have professional indemnity insurance cover. However, the requirement for professional indemnity insurance has had the reverse effect...(read more)

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[Source: Australian Real Estate Blog]

Conveyancing Bribes - A New Growth Industry

OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd Since Scott Goodman of Goodman Group Conveyancing started his "Goodman Group Conveyancing Referral Service" bribery and corruption in the conveyancing and real estate industries of Victoria has shifted to over-drive. The price for a conveyancing referral (or bribe) has now reached $150 per referral, and it seems that no estate agent wants to miss out. Scott Goodman,...(read more)

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[Source: Australian Real Estate Blog]

Solicitors Can Make Conveyancing Mistakes

OPINION by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au An Appeal Court has ruled that a father and his daughter validly escaped a developer�s option to buy their property because of a solicitor�s slackness over the Christmas-New Year holiday period. When Maitland Murray and daughter Jacqueline bought a bungalow in Birmingham, England, from pension fund trustees one of the sale terms gave the trustees, who owned adjoining playing fields, an option to re-purchase...(read more)

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[Source: Australian Real Estate Blog]

Auctions - Going, Going, Gone?

OPINION by David Morrell Real Estate Buyers' Advocate Director Morrell & Koren Right now the real estate auction system is on the ropes because the market has tanked; but its problems run deeper than that. The elephant in the room is whether the auction system itself is working in vendors� best interests. The agents make the argument that auctions work because they bring buyers and sellers together at a known time and place and that they have the clearance rates to prove it. This while people,...(read more)

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[Source: Australian Real Estate Blog]

REIV Caught Cheating - Again

Opinion by Neil Jenman Consumer Advocate For many years, the Real Estate Institute of Victoria (REIV) has misled and deceived real estate consumers. Whether it be trying to justify (or deny) dodgy practices such as false price quoting or whether it's brushing-aside common claims of widespread dishonesty, as far as real estate bodies go, they don't come much dodgier than Victoria's Real Estate Institute (REIV) . The institute is headed-up by Enzo Raimondo (who once told the Victorian public that he...(read more)

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[Source: Australian Real Estate Blog]

The Value of a Valuation

OPINION by Patrick Brady AAPI, MRICS, Dip. Ed Certified Practising Valuer No. 1277 Director WBP Property Group Many people know the basics of what can impact the value of their property - overhead power lines and busy roads versus sea/tree views and a short stroll to the local coffee shop. To gain a better idea of how to improve the value of your property, it is worthwhile taking a look at what a professional valuer looks for when inspecting a property and how they arrive at the valuation figure....(read more)

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[Source: Australian Real Estate Blog]