Special condition for home’s “emotional defects”?

How would you go about selling a home with a scandalous past? Do you have to tell prospective buyers (more…)

Riparian car space snafu nets agents in $312k misrep claim, sellers’ instructions no defence

An agent who assured his buyer he would personally create a third car space for her use in Brisbane’s luxurious Riparian (more…)

St Lucia sellers recover $2 million re-sale loss; to negotiate is not to “abandon”

David and Judith Tynan contracted to sell their 29 Lawrence St, St Lucia home in October 2010 for $7 million with settlement (more…)

Interstate practitioner’s settlement “stutters” wrongfoot seller’s sale loss suit

The apparent unfamiliarity of a Sydney solicitor with Queensland conveyancing practice and a want of assertion by his local counterpart, (more…)

Court orders “urban jungle” must go, neighbours’ 1980s city view preserved

Queensland residential property owners – whose view or sunlight is substantially affected by vegetation on neighbouring land – can require the offending trees (more…)

Registered mail returned to sender, does “caused to be forwarded by pre-paid post…” prove posting?

The adequacy of time honoured legal lexicon used to express the means by which a document is sent to a recipient’s address by post has come (more…)

Solicitors fail on appeal over Gold Coast off-the-plan PAMDA errors

Two law firms acting one after the other for a Mudgeeraba unit developer have failed in an appeal against a December ruling that holds them liable for losses incurred on 14 apartment (more…)

Nail in coffin for opportunistic off-the-plan terminations: Feb ’12 LSA amendment unnecessary

The Court of Appeal has finally put to rest any argument about a buyer’s right to contract termination after the expiration of a LSA “sunset date” where the delay results from the buyer’s own conduct. (more…)

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 who 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…)

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