Author Archives for Peter Mericka

Don’t Be A Party To Mortgage Fraud!

February 27, 2008 4:04 pm Published by Comments Off on Don’t Be A Party To Mortgage Fraud! Consumers must be aware that, even in the straightest deals, agents always expect bonus benefits to follow their friendly referrals.

What’s Phillip Webb Really Declaring?

February 20, 2008 4:11 pm Published by Comments Off on What’s Phillip Webb Really Declaring? When estate agents can't or won't negotiate on behalf of their vendor clients we see the 'Buyer Declaration' trotted out as a means of proving to the vendor that there is no point in trying to negotiate a better price.

Walk Away To Bid Another Day

February 19, 2008 4:16 pm Published by Comments Off on Walk Away To Bid Another Day Going once, going twice. Suddenly the auctioneer says he will 'hold it over'. 'No, stop,' you shout, 'this is illegal!' While the auctioneer moves on to other properties, a salesman from the owner’s real estate agency accompanies you from the auction room.

Another Nail in the Auction Coffin

February 14, 2008 4:20 pm Published by Comments Off on Another Nail in the Auction Coffin The Real Estate Institute of Victoria (REIV) has been forced to come clean, and to admit to consumers that ...no binding contract exists until the successful bidder and the vendor have signed a contract.

Jenman Taunts Estate Agents To Sue

February 9, 2008 4:23 pm Published by Comments Off on Jenman Taunts Estate Agents To Sue Journalist Peter Gregory The Age (Saturday 9 February, 2008) reports that Melbourne real estate agent Paul Castran, managing director of Castran GilbertReal Estate, and the company's sale director Mark Forytarz, annoyed by allegedly defamatory articles by consumer advocate Neil Jenman, are taking legal action against Google to stop internet access to the articles.

What Building Inspection Reports Don’t Cover

February 4, 2008 4:30 pm Published by Comments Off on What Building Inspection Reports Don’t Cover Home buyers must always ensure, when contracting subject to satisfactory building inspection reports, that adequate time has been provided for this in their contracts.

The “Oh”, “Really?” and “I Wish I Had Known That!” of Making an Offer and Organising Finance

January 24, 2008 4:38 pm Published by Comments Off on The “Oh”, “Really?” and “I Wish I Had Known That!” of Making an Offer and Organising Finance 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 when you make your...


Clause and Effects – Costly Court Case, Commission Lost and a Solicitor Sued

January 18, 2008 4:49 pm Published by Comments Off on Clause and Effects – Costly Court Case, Commission Lost and a Solicitor Sued Two years ago this month Don and Elsie Luxton, an elderly couple, successfully escaped an apparently binding contract for the sale of a vacant acreage block. They had earlier agreed to sell the property to Shaun and Sheree Johnson, a young couple, who planned to convert it into a mountain-bike park. The Luxtons decided afterwards that they had sold too cheaply, and would cancel if Johnsons could not secure their prior sale in time.

Ian Reid Takes Aim at Fellow Estate Agents

January 18, 2008 4:44 pm Published by Comments Off on Ian Reid Takes Aim at Fellow Estate Agents 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.

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

January 15, 2008 4:53 pm Published by Comments Off on Shane Lowe of Methven Real Estate – Switching of Contracts and Conditions Shane Lawe is the Director of Methvens Professionals Real Estate in Mooroolbark, Victoria. A case of 'contract switching' resulted in some startling revalations from Mr. Lowe about the manner in which he operates his real estate business. It seems that Mr. Lowe and the great P.T. Barnum have much in common when it comes to business ethics.