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Peter Mericka Explains - My Problem With Real Estate Agents
12 June 11 10:49 AM | Peter Mericka | 2 Comments   

OPINION by Peter Mericka B.A., LL.B Real Estate Lawyer Qualified Practising Conveyancer Victoria Director Lawyers Real Estate Pty Ltd This is my first attempt at video blogging. Please provide me with your feedback, and any tips you have to offer on improvements Read More...

Filed under: Consumer, Contract, mericka, real estate blog, video

If Governments Trust Estate Agents, Why Shouldn't Consumers?
19 May 11 09:48 AM | Peter Mericka | 23 Comments   

OPINION by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au To my mind agents particularly should be prohibited from giving buyers so much as a bus timetable, and from recommending even the local Chinese restaurant. Needless Read More...

Filed under: Contract, Deception, Estate agent, property fund

Why Property Developers Fear "Contract Killers"
21 December 10 06:43 AM | Peter Mericka | 2 Comments   

OPINION by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au After many years as a conveyancing solicitor I identified three immutable rules of real estate. The first is that salespersons move fast. The second is that solicitors Read More...

Filed under: cancel, cancellation, Contract, Lawyer, Lawyers Conveyancing, Lawyers Real Estate, repudiate, repudiation, rescission, solicitor

You Can't Always Rely On Your Lawyer's Signature
27 July 10 06:29 AM | Peter Mericka | 6 Comments   

OPINION by Tim O'Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au Several months after contracting to buy six beach resort units, as well as the resort’s management and letting rights, Fred Sutton had second thoughts about his Read More...

Filed under: Contract, execution, Lawyer, queensland, signature, solicitor

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, lodging, termination, time of the essence

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, negligence, office of fair trading: NSW, rousos

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, forgery, office of fair trading

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, off-the-plan, unit

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: Contract, contract note, contract of sale of real estate, REIV

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: Contract, contract note, contract of sale of real estate, Deception, REIV

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: building inspection, Contract, Conveyancing, Estate agent, inspector, major structural defect, pest inspection, real estate, termites

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: Barry Plant Real Estate, Contract, contract note, croydon, geoff thompson, pauline ferguson, REIV, switching contracts

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: Contract, contract note, david sowersby, REIV, walshe & whitelock