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Move over Marx brothers, here comes the Bligh Government

By Tim O'Dwyer - posted Wednesday, 25 February 2009


But don’t hold your breath. The Legal Services Commissioner has already refused to test the validity of the retrospective regulation in light of the Scrutiny of Legislation Committee’s views:

Whilst the Court may well find that the view of the Committee is correct, it is clearly the intention of the Government that agents should be allowed to be substantially involved in the process of preparing property contracts. In those circumstances the use of the Commission’s financial resources in making such an application would not be in the public interest.

“Merely talking about legal advice is not enough,” the Commissioner also declared when he declined to take any action regarding one agent’s public assertion that agents were “professionally qualified” to give “expert” legal advice to their clients.

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Meanwhile, despite the Attorney-General’s tear-jerking “certainty” assurance to Parliament, his office subsequently confirmed his awareness of complaints about agents’ contract preparation and “drafting deficiencies”. Nevertheless Mr Shine saw “benefits in continuing the long established practice of allowing real estate agents to prepare or assist in filling in contracts.” A “major” benefit? “The avoidance of significant delays and additional costs in the sale process.”

What a crock, Kerry! The truth is that any benefits will be for commission-hungry agents whose “drafting deficiencies” will continue to cause consumers’ delays, costs and uncertainties.

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About the Author

Tim O’Dwyer is a Queensland Solicitor. See Tim’s real estate writings at: www.australianrealestateblog.com.au.

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Related Links
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Estate Agents As "Legal Advisers"?
Gold Coast Law Association Slams Agents And Calls For Contract Reforms
Preventing Estate Agents From Preparing Contracts

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