If you are having trouble getting together enough money for a home deposit or getting approval for a loan, a “rent to buy” property scheme may seem like a good idea. However, if you are considering an arrangement like this to get a start in the property market, you need to be very careful and […]
The Property, Stock and Business Agents Amendment (Underquoting Prohibition) Bill 2015, to amend and strengthen the provisions prohibiting underquoting contained in the Property Stock and Business Agents Act 2002, will be in force from 1 January 2016. The aim of the reforms is to prevent the high costs to purchasers of obtaining pre-purchase reports such as […]
In a strong local property market, auction is becoming a popular means of selling property. Prior to attending an auction, it is important to be well prepared. The primary reasons that vendors opt to sell their properties by way of auction instead of private treaty are to create a sense of urgency and competition between […]
The NSW Civil and Administrative Tribunal (NCAT) has recently considered this issue in the case of Mulhearn v Merit Homes Pty Limited [2015] 19 November 2015. In this case, the Home Owners installed a video surveillance device on a neighbour’s property which was directed at their own house and recorded the activities of the Builder. […]
One of the most significant changes in commercial law in 2016 will be the implementation of recent legislative changes extending Australian Consumer Law protections against unfair contract terms to small business operators. The changes under the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015, will apply to unfair terms in standardised, non-negotiable […]
Baker Love recently acted for owners of a Lake Macquarie waterfront residential property in Land and Environment Court proceedings that exemplifies the tension between neighbours when it comes to water views versus garden design and privacy, writes litigation expert JANINE WILSON. Over a long period of time, our clients had planted evergreen shrubs and cultivated […]
What you think of as pre-contractual negotiations may amount to a binding contract, even though no formal contract has been signed and not all terms have been negotiated, according to a recent Queensland Supreme Court decision. The decision highlights the need to be diligent in all communications regarding proposed contracts, says commercial property lawyer DEAN […]
Unfortunately, there have been a number of cases where our property lawyers have needed to extricate people from transactions that they have entered into without first obtaining our legal advice, writes partner TERRY MORGAN Baker Love has extensive experience in this field. We have evolved sophisticated due diligence procedures that can help avoid unnecessary costs, […]
Corporate entities are increasingly succumbing to the pressures of creditors and excessive debt levels, and we are seeing a spike in the number of corporate clients approaching us for insolvency advice – these include property owners.
Don’t let your familiarity with this document deceive you into thinking it is watertight, warns commercial property lawyer DEAN FRITH. Baker Love has recently encountered several instances where agents’ entitlements to commission have come into question, instances that could have been avoided by proper compliance with the requirements of the standard Agency Agreement. Section 55 […]
