An agent should be aware that, in the situation where the original purchaser has nominated an alternative purchaser, original purchaser continues to be bound by the contract and not the alternative or nominee purchaser. Read here for more information.
When can a Landlord reasonably withhold consent to a transfer of a Lease where the legal identity of the Tenant is to change? An example set out in this case explains when it is reasonable for a Landlord to withhold such consent, given the circumstances.
Difficulties can often arise in interpreting the special conditions of a Contract when things do not go to plan. Here is an example of what can go wrong. We provide some practical tips for how to avoid ending up in a similar situation. Read here for more details.
A Caveat is an inexpensive yet invaluable way of protecting your interests when it comes to purchasing a property. In a previous case before the High Court of Australia, Purchasers of a property were left without the house which they thought they purchased, and were also handed an enormous legal bill!
How directive does a Section 146 Notice need to be in order to be valid? In a complex case involving managed investment schemes and plantation forest, one part of the case revolved around a Tenant who had been served with a Section 146 Notice by a Landlord who subsequently took possession pursuant to the notice and sold the Premises. Despite not taking action when the Section 146 Notice was issued, the Tenant later argued for relief against forfeiture on grounds including that the Section 146 Notice lacked clarity to enable to the Tenant to rectify the breach. In particular, the notice did not specify an exact amount of compensation sought by the Landlord.
