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Queensland Unit Buyers Beware: Do your searches

Unit buyers have been urged to shell out the extra cash for detailed
property searches at the time of sale, following concerns over the
plight of a group of Kangaroo Point owners.

Highlighting the case are nine owners who want the right to live
permanently at the Quest on Story Bridge apartment complex near the
Story Bridge Hotel.

Unit owner Cameron Green said lawyers carried out standard property
searches for him in 2009 but this did not reveal that only short-term
occupants were allowed.

He said he and other buyers were not made aware when they bought their
homes that they could not live in them permanently, due to a
development condition imposed on the 14-year-old building.

It is understood a building approval search would have revealed the
problem but this type of check is generally considered to be
"optional" during conveyancing.

Unit Owners Association of Queensland vice-president Paul Cassels said
buyers should be cautious and recommended they go beyond standard
property searches.

"When you spend $500,000 or $1 million [on a unit], to me spending
another $1000 on a report is money well spent," he said. "It's such a
specialist area."

He said buyers should check building classification and should also
familiarise themselves with body corporate arrangements.

Asked whether real estate agents should disclose short-term or
long-term occupancy rules, Mr Cassels said they may not know.

He said buyers should engage specialist lawyers and body corporate
experts to do such checks.

Mr Cassels also advised people buying apartments off the plan not to
simply use the developer's lawyers.

The state government's Office of Fair Trading last night encouraged
homebuyers to carry out adequate property searches.

"Queensland's real estate laws are based on the concept of 'buyer
beware' and purchasers are encouraged to carry out their own searches
and due diligence to their satisfaction when purchasing a property,"
the office said in a written response to questions last night.

"Agents must give buyers a copy of the warning statement before they
sign any contract. The warning statement stresses the need for the
buyer to get independent legal advice regarding the property they are
about to buy."

The office said state regulations also required real estate agents
"disclose information about a property to a buyer if it has been
specifically requested or if non-disclosure would be unfair to the
buyer".

Conveyancing and body corporate inspection expert Dee Pannell said in
her experience it was not uncommon for unit buyers to find out
important information after the sale had been completed.

Ms Pannell said she hoped buyers would become more aware and
solicitors more diligent in sourcing property "search agents" who
provided a thorough inspection report.

"I have been beating my head against a brick wall for at least 10
years trying to get buyers to understand the worth of a comprehensive
report," she said.

The owners of nine units at the Quest on Story Bridge apartment
building have lodged a development application with Brisbane City
Council seeking approval to use them for permanent residency.

The 14-year-old Quest on Story Bridge apartment complex, opposite the
Story Bridge Hotel, currently contains mostly serviced or rented
apartments but also houses several owner-occupiers.

Local councillor Helen Abrahams backflipped on her initial support for
the development application after inspecting one of the units at Quest
and speaking to businesses and council officers.

The Quest on Story Bridge franchise, which manages the building and
services apartments in its letting pool, wrote to the council saying
it often had to turn business away because short-term accommodation
was in such strong demand, while warning that local shops relied on
visitors.

Brisbane City Council neighbourhood planning chair Amanda Cooper said
she could not comment on the matter while the development application
was being assessed by council officers.

However, she said planning rules distinguished between short-term and
long-term accommodation because the impacts on neighbouring residents
were different.

Mr Green, a first home buyer and lawyer, said the residents simply
wanted to use their units for the purpose for which they were sold.

"While we may have be let down by a number of people along the way,
the critical thing to remember is that we haven't given up," he said.

"Instead of pointing the finger at others, which would have been an
easy option in many instances, we've tried to fix this mess.

"We've engaged lawyers and town planners and collectively spent tens
of thousands of dollars trying to comply with the law."

He said the issue was complicated by the fact business owners were
"looking to force us out of our homes to further their own commercial
interests".

Quest on Story Bridge was contacted for comment on Friday and
yesterday, but so far it has not responded.

Read more: http://www.brisbanetimes.com.au/business/property/unit-buyer-beware-warns-expert-20110711-1har9.html#ixzz1SDXTdARK

Baby bling banned by the Australian Competition and Consumer Commission

BABY bling, a popular product category on the web, has been banned by the Australian Competition and Consumer Commission when it poses a risk to infant health.

The ACCC's product safety department has slapped a ban on dummies and dummy chains decorated with tiny beads which can easily detach and pose a choking hazard.

The ban was announced by Parliamentary Secretary to the Treasurer, David Bradbury, after work by NSW Fair Trading officers found the products during regular compliance checks with traders. It is believed the outlets were located in the Sydney suburb of Parramatta.

"Testing by NSW Fair Trading of such products indicated that the dummies failed tension tests, with a number of crystals becoming detached and posing a serious choking, inhalation or ingestion hazard," Mr Bradbury said.

A spokesman for Mr Bradbury said that although the products were not widely available, the ban had been moved quickly into place before their popularity could take off.

Details of the interim ban are available at www.productsafety.gov.au.

SCAMwatch email alert: Beware of scam calls offering carbon tax compensation payments [SEC=UNCLASSIFIED]

Beware of scam calls offering carbon tax compensation payments

View radar online.

Added: July 2011

SCAMwatch is warning Australians to be alert to scam calls offering to pay carbon tax compensation into your bank account or asking survey questions about the carbon tax.

How the scam works

  • You receive a call from a scammer claiming to be from the Federal Government or a Federal Government department.
  • The scammer will ask for your bank account details in order to pay a carbon tax compensation payment into your bank account. 
  • Early reports are that the scammer will offer $5,000 in compensation however this amount may vary from call to call.
  • The scammer may ask you if you would like the compensation paid via a direct deposit or via cheque.
  • If you give the scammer your bank details they will gain access to your money and any personal details which are linked to your bank account.
  • Some scam callers may also claim to be running a survey on the incoming carbon tax.

Protect yourself

  • If you receive a phone call out of the blue asking for your bank account or personal details, or claiming you need to pay money to receive a compensation payment, hang up immediately. 
  • Be alert to scam survey calls which ask for personal and financial details.
  • The Australian Government will never call you to ask for your bank account details or to offer you carbon tax compensation.
  • If you're not sure that a call is a scam you can check by independently using official contact details, never use phone numbers or email addresses provided by the caller. 
  • NEVER provide or confirm your personal details over the phone unless you made the call using details you found yourself and you trust the other party. 
  • If you think you have provided bank account or credit card details to a scammer, contact your bank or financial institution immediately.

Report
You can report scams to the ACCC via the report a scam page on SCAMwatch or by calling 1300 795 995.

Stay one step ahead of scammers - visit the SCAMwatch website, follow @SCAMwatch_gov on Twitter or visit http://twitter.com/SCAMwatch_gov.
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Food Recall: McCain Family Pizza

Queensland Health advises of a food recall relating to:
 
McCain Family Pizza
 
- Cheese and Bacon

- 500g

Best Before: Mar 2012 B 090

and

Mar 2012 C 090.
 
McCain's Foods Pty Ltd (Vic) is conducting a consumer level recall on the above product due to the possible presence of foreign matter contamination (metal pieces).  

This recall is the result of 3 complaints. 

The product is sold in Coles, Bilo, Coles Online, Woolworths / Safeway, Franklins and Independent Supermarkets (including IGA and Foodland stores).

Approximately 26 cartons of the potentially contaminated food found its way into Queensland.  
The matter is being co-ordinated by Queensland Health.