Saturday, April 11, 2015

Does property lawyer in Melbourne use the standard contract or one they've created themselves?

I often wonder if a property lawyer in Melbourne would use the standard real estate contract of sale or whether they'd create their own one. I don't know and probably won't know until I purchase the next property. What I do recall however is when the privacy legislation was introduced, the standard contract used by real estate agents was updated to enable the sales data to be collected. This was the contract real estate agents used at the time.

As a professional you would think a real estate who is retained to represent the vendor wouldn't tolerate the privacy of their customer being affected in this way. I often wonder why real estate agents don't simply put together some money and have their own contract drafted that is in the interests of their client.

When I find a contact I'm not happy with I have the contract modified. I learnt my lesson when I joined a chartered accounting. There was a clause in the contract that if I left I'd pick up any shortfall in the company car. As this wasn't the norm I questioned the contract and the personnel manager assured my they'd never enforce the clause and never have. As I'd now received verbal reassurance and led to believe a verbal contract was also binding, I signed. As they say, a verbal contract is not worth the paper it is written on. A very costly and naive experience on my part, but I accept one of the lessons of life. If one of the more professional groups in our society (a chartered accountant firm) can't be trusted then you really do have to look after your own interests.

You should check contracts and make sure the contracts don't have clauses that shouldn't be there, or where you give away your rights unwittingly.

Kelvin Eldridge
www.JustLocal.com.au
Helping local business prosper.

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