http://www.news.com.au/heraldsun/story/0,21985,24180736-661,00.html
A REAL estate agent is in custody after being found guilty of deceptively buying an old man's house for half its market value.
A jury today found John Michael Talia, 53, guilty of one count of obtaining property by deception.
He was remanded in custody to reappear in the County Court tomorrow.
Talia, of Doncaster East, was sales manager at Ray White Doncaster at the time of the offence and had about 20 years' experience.
Talia bought the Burwood East home in July 2002 for $150,000. But an independent valuation estimated the Lindisfarne Drive house at $300,000.
The house's owner, Antonino Carbone, went into a nursing home in 2001.
The woman given Mr Carbone's power of attorney, Stella Garretto, spoke to Ray White real estate in Doncaster about selling the house.
Sue Talia, who was in charge of rentals at the Ray White office, suggested her husband might be interested in buying it.
Prosecutor Tim Doherty said Talia asked an agent at another real estate agency for a property appraisal, which valued the property at $135,000 to $155,000.
The appraisal was sent to Ms Garretto.
Mr Doherty said Ms Garretto was deceived into selling the property for $150,000 as a result of the false market appraisal.
When Mr Carbone died in June 2003, his solicitor and executor became concerned about the sale and got an independent valuation, Mr Doherty said.
Defence barrister Greg Lyon, SC, argued Talia got a bargain when he bought the house but was not guilty of obtaining property by deception.
He told the jurors they could not find him guilty just because they thought it was unfair or because he was a real estate agent.
"It is not against the law to offer $150,000 to buy a property worth $300,000,'' Dr Lyon said.
A REAL estate agent is in custody after being found guilty of deceptively buying an old man's house for half its market value.
A jury today found John Michael Talia, 53, guilty of one count of obtaining property by deception.
He was remanded in custody to reappear in the County Court tomorrow.
Talia, of Doncaster East, was sales manager at Ray White Doncaster at the time of the offence and had about 20 years' experience.
Talia bought the Burwood East home in July 2002 for $150,000. But an independent valuation estimated the Lindisfarne Drive house at $300,000.
The house's owner, Antonino Carbone, went into a nursing home in 2001.
The woman given Mr Carbone's power of attorney, Stella Garretto, spoke to Ray White real estate in Doncaster about selling the house.
Sue Talia, who was in charge of rentals at the Ray White office, suggested her husband might be interested in buying it.
Prosecutor Tim Doherty said Talia asked an agent at another real estate agency for a property appraisal, which valued the property at $135,000 to $155,000.
The appraisal was sent to Ms Garretto.
Mr Doherty said Ms Garretto was deceived into selling the property for $150,000 as a result of the false market appraisal.
When Mr Carbone died in June 2003, his solicitor and executor became concerned about the sale and got an independent valuation, Mr Doherty said.
Defence barrister Greg Lyon, SC, argued Talia got a bargain when he bought the house but was not guilty of obtaining property by deception.
He told the jurors they could not find him guilty just because they thought it was unfair or because he was a real estate agent.
"It is not against the law to offer $150,000 to buy a property worth $300,000,'' Dr Lyon said.