Conveyancing

“ Department of Primary Industries, Parks, Water and Environment Crown Land Services ”

“ Purchase of Real Property (TAS) Papers and Articles – Conveyancing and Property ”

“ Instructions are received in many different ways. If from an existing client or an agent for an existing client then it is likely you will not see the client until a sale eventuates. This means the listing contract that you prepare is likely to be incomplete. Once the sale is made and you see your ... ”

“ Identifying the client Legal practitioners are required to identify their clients in a number of circumstances – particularly for conveyancing and property transactions. See the Verification of Identity – Electronic Lodgements for Real Property commentary for more information on the requirements. ”

“ The requirement for purchasers to withhold the GST and remit it to the commissioner on taxable supplies of certain real property under subdivision 14-E Schedule 1 of the Taxation Administration Act 1953 came into force on 1 July 2018. Subdivision 14-E applies to all contracts that settle after 1 ... ”

“ The title to be conveyed will be either Torrens or old system. With old system the purchaser is going to want to a full description of the land which, unless it is clearly defined by a deposited plan, will usually be by a metes and bounds description. This is a description with a defined ... ”

“ GST property tool Most practitioners feel unqualified to advise in this area. However GST in particular is an ever-present consideration and conscious decisions about it must be made in every matter. If unsure of the answer then the client should be directed to their accountant or a ruling sought ... ”

“ The Residential Property Transactions Bill 2013 proposed a set of compulsory disclosures for all land sales and a cooling off period for residential land sales. The proposed amendments require vendors to provide purchasers with third-party documents such as plans, title documents, and a s 337 ... ”

“ This is often an area which leads to dispute. Care should be taken to ensure that all inclusions are stated and any items that a buyer might consider to be included but aren’t shown as exclusions. Typically disputes arise over such items as birdbaths, large entrance pots, cubby houses and old ... ”

“ The law society and real estate institute contract is designed to obviate the need for any alterations and additions to the contract. Some solicitors and conveyancers add special conditions. However, some have many pages, often changing minor matters in the standard form and providing for every ... ”

“ The Competition and Consumer Act 2010 and Australian Consumer Law (Tasmania) Act 2010 prohibit misleading and deceptive conduct and unconscionable conduct and are relevant to vendor disclosure. Incorrect information given in the course of trade or commerce may be misleading and deceptive conduct. ”

“ The law of contract gives limited rights to a victim of pre-contract misrepresentation. Generally misrepresentation involves a false statement of fact that induces the other party to enter the contract. If a pre-contractual representation becomes a term of the contract and then is found to be ... ”

“ Usually houses are sold on the basis that ownership is guaranteed but the condition of the property is not necessarily guaranteed. Usually houses are sold on an as is where is basis. If you buy a house unless there is some special provision there is no right under the contract to deliver up the ... ”

“ Nothing is more annoying to a solicitor than to receive a contract 4 inches thick with innumerable titles, plans, statements and so on without explanation. Making the process simple for a purchaser assists in the success of the project and is achieved with a summary of the contract. ”

“ Section 36 of the Conveyancing and Law of Property Act 1884 requires the contract to be signed by the parties or their duly authorized agents. The authority does not need to be in writing but in practice the other party is unlikely to be satisfied that the agent has authority without some writing. ... ”

“ Exchange can be effected personally, by DX or post or as is common when speed is wanted and the parties' conveyancers are distant from each other, by phone and fax. Conveyancers fax each other copies of the executed front page of the contract and the special conditions and a copy of the cheque for ... ”

“ The risk of the property passes on signing in the absence of a contract to the contrary. Many mainland contracts adjust the common law position so risk does not pass until completion except if possession is taken early and so far as rural property is concerned fencing is at the purchasers risk ... ”

“ On exchange a 10% deposit is usually required and is held by the agent or vendor’s solicitor as stakeholder. If it is a significant sum or if settlement is well in the future, then it may be invested, and the interest earned shared equally. Normally this is not done as the amount is small and the ... ”

“ If the vendor agrees to possession before settlement then the contract provides for the purchaser to take the risk of the property from the date of possession. This requirement of taking the risk of the property should either be deleted or evidence of insurance by the purchaser sighted. If the ... ”

“ At times a guarantee will have been given securing the debt. This is particularly so with a company borrower. Ensure a release of the guarantee is obtained at settlement. ”

“ This is a part of the sale transaction that is rarely completed satisfactorily. It is too time consuming to consider each of the innumerable questions asked. The sections and subsections of the many acts referred to would need to be read to check their import. It is an almost unheard of event that ... ”

“ In the normal course of events settlement will be effected on the day nominated in the contract or pursuant to a notice given under a special condition relating to registration of a subdivision or other contingency. If the purchaser fails to settle then it may be appropriate to issue a notice to ... ”

“ In reporting and accounting to the client it is often difficult for them to understand how rate adjustments work. The precedent explanatory sheet goes a long way to solving this problem. ”

“ When finalising a matter it is important to terminate the retainer. This informs the client in writing that all work on the matter is complete and that no further work will be undertaken unless the firm is otherwise instructed. If the matter is finalised in such a way that the client retains rights ... ”