News

Court Finds Solicitor Forged Wife’s Signature

by Tim O’Dwyer M.A., LL.B Solicitor Consumer Advocate During 2008 the Commonwealth Bank made loans totalling $13.5 million to Matthew Perrin, his wife Nicole and their family company. Among other securities, the bank relied on guarantees and mortgages apparently signed by Nicole. Some of these encumbered Perrins’ (previously unencumbered) sprawling Cronin Island family home held in Nicole’s name. During 2008 the Commonwealth Bank made loans totalling $13.5 million to Matthew Perrin, his wife Nicole and their...

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Real Estate Commission – A Corrupting Influence

An EzineArticle by Peter Mericka. Real estate commission is the way in which real estate agents are paid for the services they provide. They receive a percentage of the price received for the property. Effectively, the real estate agent requires the seller of a property (the vendor) to sign over to the real estate agent a part of the property being sold. Another way of looking at it is to say that the real estate...

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Bucknells’ Guide To Commercial Property Investment

News postings by Tim O'Dwyer - Nigel Bucknell was originally a scientist. His wife Janet was a mathematician. Both are now successful commercial property investors, and clients of mine. Their first investment was a small shopping centre. They currently have industrial, shopping centre, motel, caravan park and sporting centre investments.

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Wrong Advice From NSW Office Of Fair Trading

Applications for an ex gratia payment will be quite common in the future, unless the NSW Office Of Fair Trading start looking closely at the relevant provisions of the NSW Property Stock & Business Agents Act 2002. An ex gratia payment is made in the exercise of the prerogative power of Government. A payment may be made if a person has suffered a financial loss or other detriment directly as a result of the workings of Government. This...

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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...

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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...

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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...

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