Author Archives for Peter Mericka

Estate Agents – Our Policy

October 31, 2014 11:33 am Published by Comments Off on Estate Agents – Our Policy We never hear from the good estate agents – they never attempt to “cross the line” by meddling in legal matters or seeking guidance because they are not sure about their role. The good estate agents are are professionals who know their industry, the laws that govern and regulate their industry and the norms and procedures required to ensure that all parties’ interests are protected. Our policy for dealing with estate agents is not directed at...


Move Over Marx Brothers, Here Comes the Bligh Government

September 22, 2014 11:44 am Published by Comments Off on Move Over Marx Brothers, Here Comes the Bligh Government OPINION by Tim O’Dwyer M.A., LL.B Solicitor Consumer Advocate watchdog@argonautlegal.com.au Real estate consumer protection goes west as a result of a convoluted dog’s breakfast amendment to the law, according to Tim O’Dwyer. Linda Lavarch MP noticed two Legal Aid lawyers sitting in the public gallery during a recent session of State Parliament. “They had tears in their eyes as the Attorney rose to speak,” she later told her parliamentary colleagues before explaining how these lawyers saw...


Landlord’s Legal Letter-Writers Beware

September 21, 2014 11:59 am Published by Comments Off on Landlord’s Legal Letter-Writers Beware OPINION by Tim O’Dwyer M.A., LL.B Queensland Solicitor & Consumer Advocate watchdog@argonautlegal.com.au Chief Justice of Queensland Paul de Jersey has warned my State’s lawyers, when they write letters of demand on behalf of clients, to be careful before resorting to any “even arguably threatening conduct”. His warning came recently in the course of the dismissal of a disciplinary action taken against Gold Coast solicitor Michael David Sing. This application was made by the Legal Services...


Silence Is Not Golden In Real Estate Negotiations

September 21, 2014 11:44 am Published by Comments Off on Silence Is Not Golden In Real Estate Negotiations by George Rousos Director Industry Training Consultants george@itc.nsw.edu.au     Franois-Marie Arouet, better known by the pen name Voltaire, was a French writer and philosopher famous for his wit and for his advocacy of civil liberties, including freedom of religion and free trade. One of Voltaire?s famous sayings was, and I quote: “We must distinguish between speaking to deceive and being silent to be reserved.” I echo and remark this famous quote of Voltaire?s, often...


GST and Real Estate Sales

July 20, 2014 5:04 pm Published by Comments Off on GST and Real Estate Sales How can you find out if your real estate sale will trigger a liability to pay Goods and Services Tax (GST)? If you are the vendor of residential real estate in a typical real estate transaction, then it is highly unlikely that you will have to pay GST on the sale. However, you are ultimately responsible for determining your tax position, and so it is important to do some homework on the GST and how it...


Section 32 – Documents Required

July 20, 2014 2:32 pm Published by Comments Off on Section 32 – Documents Required What documents do we need for the Section 32 Vendor’s Statement? The following questions can help you decide what we need from you. Please provide all documentation by email as soon as possible. Is it a standard, sale, conveyancing matter? Is the property a unit? Have you completed renovations in the last 7 years? Was the property built in the last 7 years? Is it a standard, sale, conveyancing matter? A standard matter is a...


Conveyancing Consumer Alert – Beware of the Sneaky Stamp!

June 10, 2014 11:31 am Published by Comments Off on Conveyancing Consumer Alert – Beware of the Sneaky Stamp! Real estate agents have no automatic right to lodge a caveat over a client’s property to secure the payment of commission. So some cunning real estate agents are adding a clause to the agency contract by which the client gives the real estate agent permission to lodge a caveat. If a real estate agent adds a caveat clause, the client may be able to argue that the conduct of the real estate agent is misleading...


Slater and Gordon – Too Great To Challenge?

January 28, 2014 2:31 pm Published by Comments Off on Slater and Gordon – Too Great To Challenge? When Slater & Gordon lawyer Pieter Kruger publicly declared that he had engaged in conduct recently found by the Supreme Court of Victoria to be illegal, and challenged me to report him to Consumer Affairs Victoria, it was not simply a matter of one lawyer debating another. Rather, Mr. Kruger's taunt was a challenge to Consumer Affairs Victoria and the Supreme Court of Victoria in the wake of a declaration by the Supreme Court that negotiating the sale of real estate on behalf of a client is not an ordinary function of an Australian Legal Practitioner. But is Slater & Gordon too big to challenge?

Everything Progressed Smoothly without Stress

November 8, 2013 5:20 pm Published by Comments Off on Everything Progressed Smoothly without Stress "I wish to express my thanks and gratitude for the services (Lawyers Conveyancing) provided for my recent purchase. This was my first property and I was very ignorant of all "the process" and was most impressed by the friendly, efficient, helpful advice I was given. Nothing was ever a trouble..." JD - Doncaster East

Kind and Friendly

November 8, 2013 5:19 pm Published by Comments Off on Kind and Friendly “Jack and I can’t enough express our big thanks to you for your kind and friendly handling and settling of our affair. We wish you all the best.” VR & JR, – The Basin