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What came first - the mortgagee's power of sale, or the owner's alleged sale? caveat conveyancing loan agreements mortgage power of sale property property law real property act supreme court May 16, 2023

The Supreme Court of New South Wales has just handed down its decision dealing with the competing claims of a contract and a caveat - for a residential property at Bradman Road, Menai.

ProLend Solutions No. 123 Pty Ltd v Karout [2023] NSWSC 490 (8 May 2023)

The proceedings were...

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Changes to the Contract for Sale and Purchase of Land conveyancing property selling property Sep 15, 2022

The 2022 edition of the Contract for the Sale and Purchase of Land has just been released by the Law Society of New South Wales, with the amendments to the previous edition mostly prompted by the commencement of the Conveyancing (Sale of Land) Regulation 2022 on 1 September 2022.

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Case update - what happens with the deposit when a vendor terminates the contract? conveyancing conveyancing act property purchasing property selling property supreme court Aug 10, 2022

Typically, when selling property, the deposit which is paid at the time of exchange is held by the deposit holder, usually the selling agent, until settlement has taken place, at which time it is released to the vendor.  In some instances, it may be released to the vendor prior to settlement...

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Case update - did the size relate to the duplex as a whole, or each residence within the duplex? A lesson in contractual drafting. conveyancing conveyancing act off-the-plan selling property supreme court Jul 13, 2022

Paolucci v Makedyn Pty Ltd [2021] NSWCA 215

In September 2021, the Supreme Court of New South Wales’ Court of Appeal dealt with a matter concerning a dispute between a property owner (Paolucci) and the developer (Makedyn Pty Ltd) regarding Paolucci’s large parcel in western Sydney...

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Frequently Asked Questions about buying and selling property conveyancing faqs property purchasing property selling property Jan 12, 2022

We literally handle hundreds of sales and purchases of property each year, and whilst our main role is to guide our clients through the legal aspects of the transaction, there are often many non-legal questions that are raised by our clients.  Many of these questions are asked by different...

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Know your entitlements as a first home buyer or home builder conveyancing first home buyer homebuilder property purchasing property Oct 21, 2020

The following is a summary of recent the current state of the various Federal Government Schemes and Grants which apply to first home buyers as well as the recent HomeBuilder Grant scheme.

First Home Buyer Assistance Scheme (FHBAS)  more information is available here.

The...

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Are the proposed works to the strata building correctly classed as repairs, replacement and renewal, or an improvement? conveyancing property proposed works purchasing property strata strata scheme supreme court Jul 27, 2020

Case:

Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425

Facts:

The matter related to a dispute between the lot owners of a strata title property at Point Piper in Sydney’s eastern suburbs regarding proposed works on the common property.

The plaintiffs between them owned Lots 3,...

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Off the Plan Contract Reforms conveyancing off-the-plan property purchasing property selling property Oct 30, 2019

New laws are expected to come into force on 1 December 2019 when the Conveyancing Legislation (Amendment) Act 2018 and Conveyancing (Sale of Land) Amendment Regulation 2019 commence.

These impose further disclosure requirements on vendors selling off the plan properties and...

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Why our clients love PEXA conveyancing property purchasing property selling property Sep 21, 2017

PEXA ("Property Exchange Australia") is the new electronic property settlement portal, making life easier for solicitors and conveyancers, but what are the benefits to you as a client?

To name just a few:

  • Less room for error - There is less chance of issues arising at settlement causing...
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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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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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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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