Court dismisses “unfair” CBA home re-possession action

Australia’s largest bank has been denied re-possession of a Boronia Heights home that it had hoped to sell to cover the homeowner’s $300,000 (more…)

Forfeiture of deposit Vs re-sale damages: what to do?

Investors whose successfully recovered a $135k deposit as a result of a settlement “no-show” on the sale of their $1.35 million Isle of Capri home in September, have themselves been ordered to pay up more than $200k (more…)

Supreme Court stares down $3.5 quintillion global debt waiver decree

A plea for relief to Queensland’s court of appeal by Currumbin Valley home owners – who failed in their self-represented September bid to prevent foreclosure by their mortgage lender – has been abandoned with the borrowers deciding instead to rely upon a recent worldwide debt (more…)

Seller builds time-of-the-essence contest in deposit refund fight

Imprecision in the language used to specify the date for approval of finance and settlement date, was the source of a dispute before Brisbane’s District Court concerning a $1.125 million (more…)

Buyer claws back 80% of buy price, seller burnt on earn out

The “earn out” has its origin in private equity deals where the seller commits to a projected earnings level to accommodate a high sale price expectation that the buyer will only have to (more…)

Law clerk walks out on settlement after 5 min delay, seller keeps deposit in no-show

Lawyers skilfully avoid the sudden death consequences of last-minute delays in documentation or showing up late to a settlement location by specifying (more…)

Flood waters recede, financial risks peak: solicitors warned on time-critical transaction steps

Queensland solicitors have been warned to take special care to avoid financial risks posed by flood induced delays to critical action dates in property (more…)

Investor perishes as Altitude takes toll

A $3.27 million investment with property fund manager Securcorp, was induced by  assurances of a “safe and secure” venture that included personal guarantees from asset rich individuals. (more…)

Buyers walk on PAMDA conflict, reform remains distant

The Supreme Court last month ruled on the PAMDA derailment of a successful off-the-plan sales campaign by distressed Mudgeeraba unit developer SDW Projects, opening the way for damages claims against some of (more…)

Gold Coast agents in conjunction brawl amid PAMDA confusion

An exclusive listing agent who cancelled a written conjunction agreement just days after the other agent’s client signed up for the buy (more…)

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