Contract Litigation

We act for purchasers who signed off-the-plan apartment contracts at prices well above current values; sellers seeking to enforce sale contracts or claim damages for refusal to settle; agents defending or claiming commissions in cancelled transactions.

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flood affected property As floodwaters swirlthrough many of the states regional centres and towns andthreaten Brisbane, our thoughts and best wishes go out to all real estate offices, law office personnel and their families who are affected by this ongoing tragedy. Make an online enquiry more	PAMDA non-compliance Contract and Forms provider ADL Software who closely monitored the implementation of the new Queensland PAMDA processesduring the first month of its operation... Make an online enquiry more
Off-the-plan purchases In April, the Supreme Court* ruled on another contract termination argument about apartment balconies and whether they measured up to contract terms. Make an online enquiry more	BCCM compliance Non-compliance with the disclosure requirements of the Environmental Protection Act (EPA) and the Body Corporate and Community Management Act (BCCMA) was the basis of a September 2009... Make an online enquiry more
Land Sales Act A further chapter of Disappointments of Tennyson Reach was published in December, when the Supreme Court ruled* on yet another buyers termination of an off-the-plan contract signed at the height of the real estate market in June 2007. Make an online enquiry more	Electronic Transactions Act Given that the contract preparation and presentation processes under new PAMDA have been greatly simplified, lawyers are soon likely to turn their attention to other areas of non-compliance... Make an online enquiry more
Misleading & deceptive conduct There is no technical legal obstacle to inserting a sale price in a contract reference schedule and specifying elsewhere that the seller will accept a lesser sum. Make an online enquiry more	Put & call options The Court of Appeal this week* reversed an earlier immunity granted to developers put and call options with regard to termination for non-compliance with PAMDA. Make an online enquiry more
Mis-representations In February, the Supreme Court* upheld a buyers termination of a residential apartment contract because the outlook from the balcony did not measure up to contract terms.Make an online enquiry more	Unfair terms The unfair contract provisions of The Australian Consumer Law (TACL) are now law and any offending terms in standard form real estate and finance contracts for "consumers", are void. Make an online enquiry more