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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 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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The importance of requisitions on title when purchasing a property conveyancing act property purchasing property requisitions selling property Mar 13, 2015

As part of the normal conveyancing process, the purchaser will make enquiries with the vendor about the Title of the property.  These are referred to as “requisitions on title”.

The purpose of requisitions is to ask the vendor information which may...

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Do you need to disclose a death or suicide when selling your home? conveyancing conveyancing act honest disclosure property purchasing property real estate agent selling property Feb 24, 2014

Like many commercial transactions, the transfer of ownership of property is underpinned by the common law doctrine of “buyer beware” (aka “caveat emptor”).  That is, the purchaser needs to make sure they make their own enquiries and carry out their own pre-purchase...

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