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Do you know how to exercise your option to renew your lease? business commercial lease lease lease renewal property retail lease Mar 16, 2017

Commercial leases typically are for a fixed initial term of, say, 3 or 5 years, with an “option to renew” period of a further 3 or 5 years.  The lease document will note the specific dates within which you must exercise your option to renew the lease.  Usually the date range...

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Extra steps for property sales over $2 million capital gains tax property purchasing property selling property Feb 08, 2017

As you may be aware, owners of certain types of property are required to pay capital gains tax when the property is sold.  This is normally accounted for when the vendor does their next tax return.  However, in the case of foreign residents, compliance has been poor and it has proven...

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Which real estate agent is entitled to the commission? commission property real estate agent selling property Dec 06, 2016

Shire Legal acted for a client purchasing a property at Burraneer through a local real estate agent.  The client had first seen the property 12 months prior when he was not seriously in the market to purchase.  It was not until 12 months later that he was ready to buy, and at that...

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What is a Deed of Novation? business business agreements contract law deed of novation property Jul 05, 2016

Consider this – you have entered into a contract to purchase a property, but for various reasons, the property no longer suits you.  But it will suit your parents perfectly.  So can you transfer the contract over to your parents, so that your parents are the purchasers?

Also...

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What is the problem with unapproved building works? property purchasing property unapproved works Jun 22, 2016

A few years ago, Shire Legal acted for a client purchasing a property at Kurnell.   There was nothing particularly unusual about the transaction – it was a standard family home being sold from one family to another.

However initial enquiries carried out by Shire Legal suggested that...

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Are you buying a property with friends or family members? What you need to know about co-ownership. co-ownership conveyancing property purchasing property May 23, 2016

Rising house prices across Sydney have made it difficult for people trying to enter the property market. In response to this we are seeing more and more people buying property with friends or family members rather than trying to go it alone.

This can be a great solution because sharing the costs...

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Appointing a compulsory strata manager property strata strata scheme strata schemes management act (nsw) Apr 25, 2016

Section 162 of the Strata Schemes Management Act 1996 (NSW) provides that a Fair Trading Strata Schemes Adjudicator can order for the compulsory appointment of a strata managing agent to exercise all of the functions of an owners corporation, or only specified functions, as well as the...

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Love thy neighbour – especially if you’re renovating! Using easements to your advantage. easements neighbours property renovation Apr 20, 2016

There are a number of reasons why it’s a good thing to know your neighbours and be on good terms … but one situation that may not come immediately to mind is when you want to renovate or develop your property.  Having a good relationship with your neighbour can be the difference...

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Developers pulling out of off-the-plan contracts conveyancing conveyancing act off-the-plan property purchasing property sunset clause Mar 10, 2016

As some people may be aware the government passed new legislation, the Conveyancing Amendment (Sunset Clauses) Act 2015 (NSW), at the end of last year with the sole purpose of amending the Conveyancing Act 1919 (NSW) to prevent a developer from unreasonably rescinding an off-the-plan...

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Swimming pool compliance - doesn't matter if your pool is big or small, you still need to comply property swimming pool compliance Jan 22, 2016

As most people know, if there is a swimming pool on your property, then you are required by section 7 of the Swimming Pools Act 1982 (NSW) to ensure that the swimming pool is, at all times, surrounded by a child resistant barrier which complies with the Building Code of Australia as...

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What to do if your property is damaged between exchange and settlement? conveyancing conveyancing act property property damage purchasing property selling property Dec 09, 2015

With the wild weather in New South Wales of late, the question has come up – what happens if the property you are buying is damaged between exchanging contracts and settlement? What are your rights? Does the vendor have to fix the damage? Do you have to settle?

Part 4 Division 7 of the...

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Do I need to disclose pre-existing termite damage to my home? property selling disclosure selling property Nov 23, 2015

Unfortunately it’s a fact of life that many houses in bushy areas, such as the Sutherland Shire, are subject to termite invasions. It is actually more common than not for homes in the Shire to already have pre-existing termite damage.

But what if the pre-existing damage is so substantial,...

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