Tuesday, July 23, 2019
Times and dates in Australian contracts are very important. Missing a deadline can have serious implications. The standard REIQ contract, and most other types of contracts entered into in Australia for that matter, will contain a phrase to the effect of: “Time is of the essence”.
Monday, July 15, 2019
Conveyancing is the legal process of transferring ownership of a land’s legal title from one person to another. What is a conveyancer? What should my conveyancer be able to do? What are the benefits of hiring a law firm to help? Conveyancing firms vs law firms. How do we charge?
Wednesday, July 03, 2019
One of the most common causes of disputes between neighbours are trees.
What is a tree?
Who is responsible for the tree?
Can I access my neighbour’s property to cut and remove overhanging branches from my tree?
What are my rights as a neighbour?
What can you do if a tree is affecting you?
Wednesday, June 26, 2019
Tuesday, June 25, 2019
The property industry has become increasingly digitalised; from electronic signature software such as DocuSign, to DIY selling platforms such as forsalebyowner.com.au.
Friday, June 07, 2019
On 2 October 2018, the commencement of amendments to the Electoral Act 1992 (Qld) and Local Government Electoral Act 2011 (Qld) made it unlawful for Queensland property developers to make political donations....
Tuesday, June 04, 2019
The Queensland Supreme Court recently considered the terms of a short-term, 25% interest loan.
Tuesday, May 28, 2019
Are real estate agents obligated to disclose the past of ‘stigmatised’ properties?
Friday, March 01, 2019
What do these changes mean?
Does DocuSign comply with legislative requirements?
Can electronic signatures be used in other property related contracts?
Tuesday, November 13, 2018
Taxes on Foreign Property Investors: a summary for estate agents
A raft of tax legislation changes in recent years by the Queensland Government has meant that foreign property investors are at a disadvantage with regards to purchasing residential land in Queensland. These measures have been criticised in the property industry for their negative impact on investment in Queensland property and, as a result, their effect on Queensland’s economy.
Wednesday, November 07, 2018
The Building and Other Legislation (Cladding) Amendment Regulation 2018 came into effect in Queensland on October 1 2018 with the aim of identifying and rectifying buildings with combustible cladding. The legislation was drafted in response to the Grenfell Tower fire in London last year
Tuesday, October 09, 2018
Tuesday, September 11, 2018
An instalment contract is a sale of land contract whereby the property is payed for in instalments across time. The title of the property does not transfer to the purchaser until the final instalment is paid. This type of contract differs from a typical sale of land contract which generally consists of a refundable deposit of up to 10% of the purchase price and the remainder of the purchase price being paid at settlement.
Tuesday, September 04, 2018
While the vendor in a sale of land contract cannot typically access the deposit until settlement, it is becoming increasingly common for parties to insert a special condition which allows for the early release of the deposit.
Tuesday, August 28, 2018
The unique circumstances of each a sale of land means that often the buyer and purchaser of land will require the general terms of the contract to be altered. Special conditions can be inserted to affect any aspect of the sale. It is therefore important to ensure that all special conditions are drafted carefully so that they accurately reflect the parties’ intentions. Typically, a special condition will be implemented for the benefit of one party in particular so it is essential that the other parties, including real estate agents, are diligent in checking the effect of any special conditions.
Wednesday, July 25, 2018
Treasury Laws Amendment Act – GST Withholding Obligation for New Residential Property
rom July 1 2018, purchasers of “new residential premises” and certain subdivisions of “potential residential land” are now required to withhold one eleventh of the sale price (or 7% where the margin scheme applies) from the vendor and remit this directly to the ATO.
Wednesday, May 02, 2018
While the Fair Work Commission’s amendments to the Award will produce more clarity in employee classification and fairer employment terms for employees in commission-only contracts, employees and employers alike must take extra caution in drafting their contracts to ensure they adhere to the more stringent requirements. Your existing employment/contractor structures and pro forma material may need to be reviewed to ensure compliance.
Friday, April 06, 2018
Monday, March 05, 2018
Can a landlord demand an additional bond from a pet-owning tenant? Can a landlord charge a tenant additional rent from a pet-owning tenant?