Alert! Office of Fair Trading investigating Real Estate Agents

Posted by: Denis Stephenson

As advised by the Office of Fair Trading (OFT), it has recently received a number of complaints about real estate agencies in a particular area advertising properties with incorrect or misleading information, especially regarding the suburb in which a property is located.

A number of complaints have been investigated and agents put on notice about the consequences of breaching legislation that outlaws misrepresentation in advertising. Agents may see it as relatively harmless to advertise a property as being in a neighbouring suburb which is perceived to be more prestigious than its actual location.  In reality however, this is a clear example of misrepresentation.

Any advertising which contains incorrect information, whether intentionally or otherwise, would constitute a breach of Australian Consumer Law legislation. Penalties up to $1 100 000 currently exist for corporations and $220 000 for individuals who present any false or misleading information.  

In a real estate setting there are several factors agents should keep in mind when advertising:

• An agent must find out or verify the facts material to the lease or sale to avoid error, omission, exaggeration or misrepresentation.
• An agent must encourage their client (the seller) to disclose all relevant facts about the property.
• If an agent has information about detrimental features of the property they are engaged to sell, the agent is required to disclose this information to prospective buyers.
• An agent is guilty of misrepresentation if they wilfully conceal a material fact about a property, such as a previous flooding.
• An agent must not make misleading statements about the layout of a property.    
• An agent must not give the impression to buyers that a property in located in one suburb when clearly it is not.

OFT will continue to monitor this issue and not hesitate to investigate likely cases of misrepresentation where they become apparent.

For further information or assistance please contact Denis Stephenson on 07 3234 3107 or email.

 

Coal Seam Gas Exploration - Where do you stand?

Posted by: Nick Purcell

Coal Seam Gas (CSG) exploration and drilling issues affect land owners interests, whether that interest be freehold or leasehold.

We act for many rural clients that have extensive farming interests and are impacted by the dramatically accelerating CSG industry.

Our experience and knowledge in this rapidly changing area of law enables us to provide the landowner with prompt accurate advice and practical solutions. 

If you would like to know more, then please phone or email Nick Purcell for a confidential no obligation discussion to see how we can assist.

Vegetation Offset Agreements and the Carbon Tax

Posted by: Scott Thompson

There has been much talk in the media recently about the possibility of primary producers being paid to create a Vegetation Management Offset.  Our own knowledge of primary production would indicate the vast number of primary producers have been undertaking farming and grazing practices for many years which would preserve carbon in soil and vegetation. 

While the idea of Vegetation Management Offsets (where you "lockup" an area to allow the vegetation to return to the status of what is generally called "Remnant Vegetation") is an excellent idea, the problem is that in Queensland there is really no provision in the Vegetation Management legislation which allows for it.  The only relevant provisions allowing for Vegetation Management Offsets are those which relate to areas which are referred to as "high conservation value" or alternatively "vulnerable to land degradation". 

The problem seems to be that the use of those provisions in the legislation would classify land as being of high nature conservation value or vulnerable to land degradation when it is really not country of that type and consequentially that the vegetation map (the PMAV) for the property needs to be altered.  When a grazier does this, is it possible that the PMAV could be totally reclassified either then or in the future (on the basis that the particular ("offset") area had no particular significance and is similar to the remainder of the property)?  Furthermore the only security which can be given involves what we call a "blot on the title" which would undoubtedly affect the value of the property.

What is sorely needed is amendment to the legislation to allow an "ordinary" area of a property (not presently restricted from land clearing or sucker control) to be "preserved" under a Vegetation Offset Agreement (which would allow return to Remnant Vegetation status) without having to classify the area as an area of high conservation value or an area vulnerable to land degradation (when it is really not land in that category), and allowing the PMAV to be altered only in regard to the "offset" area.

MS Moonlight Walk

Posted by: Scott Thompson

Anderssens' Team started participating in this community and charitable event in 2011, to raise money for Multiple Sclerosis, to support a team member's mother who suffers from MS.

We have sponsored walkers annually in this event ever since and we strongly recommend everyone participate with their friends and family in such a worthy event.

The evening commences with Star Troopers getting the crowd ready and walkers stretching ready for the leisurely 5km walk.  The Brisbane riverside is transformed into a meandering sea of red lanterns as the crowd of walkers make their way around the river city and back to the South Bank finish line. 

Walkers are welcome home with refreshments and applause from the appreciative MS sufferers at the finish line.

We are proud to participate and raise money for practical assistance aids such as shower re-fits and respite care for those suffering with this disease in our local community each year.

What a Great Team - Ready for MS Moonlight Walk

Charity Events

Posted by: Scott Thompson

News Update - Charity Events

Anderssen Lawyers regularly participates in charity events both to raise money for charity and to be part of a healthier lifestyle.

As one of our clients, if you have an interest in a particular charity or type of sport, why not invite Anderssen Lawyers to take part, or let us know if you would like to be involved in an event in which we are already participating.

We welcome the chance to build great relationships with our clients and one shared event can be all it takes to provide a solid foundation.

Support Staff Breakfast at Merlo

Posted by: Scott Thompson 

Anderssen Lawyers recognises the importance of valuing the work of staff members and in creating a positive and happy work place.

Last month, in October the firm treated the Support Staff to a Coffee Appreciation Breakfast at Merlo to say thank you for their recent outstanding efforts at work.

It also turned into a great team bonding experience and the office was abuzz with conversation about different types of coffee beans and the best methods of making coffee.

Brisbane to Gold Coast Bike Challenge

Posted by: Scott Thompson A team of cyclists from Anderssen Lawyers were among approx 8000 cyclists who took part in the Wilson HTM Brisbane to Gold Coast Cycle challenge on Sunday 9 October. It is a 100 kilometre bike ride to raise funds for Diabetes Australia – Queensland and The Heart Foundation. It was a beautiful day and the team enjoyed a different perspective as they cycled along the Brisbane Busway then through the farmland with fairly flat terrain and minimal traffic, through some industrial and commercial areas and past client property developments before finally glimpsing the coast. Despite the aches and pains that inevitably come with a 100 kilometre bike ride, the team felt an incredible sense of achievement and the firm is very proud of those that completed the ride and congratulate them on their determination and endurance.   Well Done Megan Tilbrook Lawyer - One of our team successfully completing 100km Bike Challenge!