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Property Articles

Easements and Property Contracts

Identifying and understanding easements in a property transaction is an important part of the conveyancing process. Vendors are required to disclose all easements affecting the land they propose to sell in a property contract, and buyers should en...

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Was it a Loan or Gift

Housing affordability is a big issue for young Australians. When discussing that issue recently, the Prime Minister infamously remarked that the solution is for parents to shell out to help their children buy a home. But for those lucky enough to h...

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Retail Leasing Disclosure Obligations

When leasing commercial property, it is important for tenants and landlords to understand the relationship they are entering into and their rights and obligations. In Queensland, retail leases are regulated by the Retail Shop Leases Act 1994 (Qld)...

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Beware of informal Lease negotiations

A lease is a legally binding contract that gives you certain rights to a property for a set term. A written commercial lease is used when leasing property used primarily for a business. You should never sign a lease without understanding all of i...

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Buying and selling under an option agreement

Buying and selling real estate utilising an option arrangement has gained popularity in recent times, particularly in a rising property development market. Option deeds are predominantly used for the acquisition of sites for future development...

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Subdividing your land – process and considerations

Subdivision, also known as 'reconfiguring a lot' generally involves the partition of a parcel of land into smaller portions. Once land is subdivided, a ‘title’ is created for each new portion, which can be separately sold and ...

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Development Agreements - how do they work?

A building development agreement is used to govern the rights, responsibilities and performance obligations involved in a development project, generally between a land owner and developer. Unlike a domestic building contract or agreement for s...

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Preparing for your purchase

Ready to start looking for that dream home or perfect investment? Many of our clients, particularly first-time home buyers, come to us in the early stages of their purchase bewildered with the process of sales negotiations and the conveyancing...

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House damaged before settlement?

What happens if your house is damaged before settlement? You’ve checked out the neighbourhood, negotiated with agents and vendors, signed contracts and loan documents, organised the removalists and finally await the settlement date with ...

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Registration of Community Management Statements

Registration of Community Management Statements As most owners are aware, strata title schemes in Queensland are governed by: 1)     the Body Corporate and Community Management Act 1997 (the ‘BCCMA’); 2)  ...

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Transferring a lot in a community title scheme

Ways to avoid a seller losing a sale or a buyer acquiring an unforeseen liability when transferring a lot in a community title scheme (strata units)   TIPS FOR THE SELLER Disclosure For a contract of sale to be binding on a buyer, ...

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Retirement village - 5 things to consider

A retirement village is a community-style residential development offering accommodation, facilities and services to people from retirement age onwards. There are many types of arrangements which should be carefully explored before making your...

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Selling or buying residential property?

From July 2018, buyers of some residential property will be obliged to withhold and pay 10% of the purchase price to the ATO, at settlement. As you may be aware, the term ‘phoenix company’ is sometimes applied to a company which is...

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Foreign Resident Capital Gains Withholding

Changes in the foreign resident capital gains (‘FRCGT’) withholding regime apply to all vendors disposing of certain taxable property under contracts entered into from 1 July 2017. A vendor is treated as a foreign resident in relat...

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What is an easement?

In general terms, it is a right to use property belonging to someone else, for some specified purpose, in common with the owner, and possibly others. Unlike a lease which grants exclusive use of property, easements grant specified rights to sp...

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Going Guarantor

It is very easy to understand why when asked to go guarantor by a member of your family or a close friend (the borrower) who wants to buy a home, that you would be willing to go guarantor. But there are risks that you should be aware of if the...

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Verification of Identity in property transactions

Verification of Identity (VOI) is a process used to confirm a person’s identity. Lawyers and other parties involved in property transactions have an obligation to ensure that the person claiming the right to deal with land is legally aut...

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Airbnb Legal tips for property owners

If you have looked at booking holiday accommodation recently chances are you have come across Airbnb or maybe you know someone who rents out their spare room and is always talking about the extra money they are making. But what is Airbnb exact...

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Buying Off The Plan

The term buying off the plan usually refers to purchasing a property that is not yet registered as a separate lot with the government department responsible for land title registrations, or not yet built. Buying off the plan can refer to the p...

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Retirement Living - Life beyond bingo and bowls

Not surprisingly people talk about buying their first home as being a life changing event - and it is. However, in the past it has been rare for people to talk so excitedly about moving into some form of retirement living. Given that sooner or...

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Buying a Rural Property

The process of buying a rural property or farm is a little different to buying a residential house in town. A prudent purchaser should conduct the usual pre-contract inspections on the home and buildings on the rural land. This should include ...

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Traps to Avoid when Buying Property

Buying a home is the biggest investment or financial outlay that most of us will make in a lifetime. It is critical to your financial future that you make well-informed decisions when you purchase a property, whether for your own home or as an in...

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Property at Auction

Things you need to know BEFORE the auction day Buying a property can often be an intimidating process, especially at auction where you are competing with other buyers and there is no cooling off period. Properties are often sold at auction,...

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