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Get your lawyer to do what they are trained to do

Posted in Property, Real Estate by OnlineLegal on the January 31st, 2006

This was the headline on the front page today’s Courier Mail:

Housing sales in legal jeopardy

This story reported that recent changes to Property Agents and Motor Dealers Act in Queensland have not been adopted uniformly in practice across the Queensland residential real estate market meaning that many contracts are at risk of not being enforceable.

What this demonstrates is this: Lawyers are trained to get the detail right. And if they get it wrong, you have someone in your corner to make it right.

Get your real estate agent to do what they do best - know value, market the property, qualify the buyers and negotiate the deal.

Get the contract prepared by, or at least checked by your lawyer.

“This is just a straight forward standard contract,” I hear many real estate agents say. Strange how so many of those contracts end in dispute about what was meant by the “standard terms.”

Get your lawyer to do what they do best - know the law, understand the fine print, ask you the right questions about what you want and make sure the document says just that.

Appoint an alternate decision maker early

Posted in Enduring Powers of Attorney, Estate Planning, Powers of Attorney by OnlineLegal on the January 9th, 2006

Consider this - you’re injured in a serious accident. Who makes decisions for you? Have your given someone power to do this? Have you let them know what your wishes are?

There can be a prolonged time between injury and death and many opportunities for dispute between family members about just what decisions you would have wanted to make about financial matters and medical treatment.

Be a peace-maker and settle the dispute now. Give clear authority to someone to make decisions for you in the event that you are incapacitated. You do this with an Enduring Power of Attorney.

Tips:

  • Appoint someone who is close enough to you to know what your wishes would be
  • If you Appoint more than one person, be sure that they are going to be able to agree

Many folk put off making an Enduring Power of Attorney until late in life. Sadly, this can sometimes open the way for doubt dispute about whether you had capacity to make the document. A recent Queensland Supreme Court case concerning an incapacitated Mr Edward McBryde shows just how important it is to make an Enduring Power of Attorney early.

Remove the doubt today, download your Power of Attorney now (24/7) from www.onlinelegal.com.au.

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