Take the Law
All case notesPage 13
Case notes from across the blog’s archive.
Newest first
Informal contracts to buy land – are they binding?
This issue was clarified recently by the Supreme Court of Queensland*. M sent an offer on letterhead dated 8 April 2008 to Acme Real Estate offering to purchase B's 20 acre Forest Glen property.
No Building Approval – Now What!
What can a buyer do after a house contract is signed if they discover through solicitors’ searches that there is no council building approval for part of the home?
Disclosure statement errors in retail leases – what are the consequences?
Section 22 of the Retail Shop Leases Act 1994 (RSLA) requires a draft lease and disclosure statement to be given to the prospective tenant "at least 7 days before the tenant enters into" a retail shop lease.
When is GST payable on forfeited deposits?
The High Court of Australia recently ruled* that GST applies to forfeited deposits if:- The vendor is registered for GST (or required to be registered); and The vendor carries on a business of buying, developing and selling…
Market reviews at option – when should rent be determined?
At lease review time, what should come first - the review of market rent or the exercise of the option? Tenants would obviously prefer to know the rent they will be obliged to pay before they commit to a further term of the lease.
Update – Rent reviews for retail shop leases
When the Retail Shop Leases Act ("RSLA") was amended in 2006, combination and capped rent review provisions that were in common use but of questionable legitimacy, gained validity.
First in best dressed on finance approval notifications
The standard REIQ finance condition in residential contracts states the buyer must give notice to the seller: that finance approval has not been obtained by the finance date; that that the finance condition has been satisfied; or…
Obtaining consent for fax and email communications
A facsimile transmission or e-mail is an "Electronic Communication" as defined in the Electronic Transactions (Queensland) Act 2001 ("ETA").
When should a buyer insure?
The short answer to this question is "Immediately and always".
Asbestos in commercial buildings – contract implications?
The Workplace Health and Safety (WH&S) Regulation 1997 is often overlooked when contracts for commercial properties are prepared.
Sales to non-citizens – What approvals are needed?
The purchase of Australian residential real estate by foreign persons is governed by the Foreign Acquisitions and Takeovers Act 1975.
Waiving Cooling off Periods – How when and by whom?
Frequently sellers will require a potential buyer to waive or shorten the cooling off period because for example, an auction is pending within the 5 day period.
Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.
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