When is a BMS involved? If your strata title building includes a large commercial component for office or retail, chances are your Body Corporate is a party to a Building Management Statement (BMS). What is a BMS? A BMS is a document used to regulate the relationship between two or more large users of a...
A tenancy agreement is a legally binding written document that must be used whenever anyone is renting a home from you – even if that person is a friend or family member. The agreement outlines the legal rights and responsibilities of the property owner and the tenants, and it applies to everyone renting the property,...
The property conveyancer will also act as your representative in court if necessary. This is usually only required, if there is a dispute over the ownership of the property or, if one of the parties fails to adhere to the terms of the sale. In these cases, the conveyancer will fight for your interests to...
Developing a property or piece of land comes with its own risks and rewards but what does it mean when a contract says, “subject to development approval”? Developers and real estate agents often use a subject to development approval clause from a previous contract, without considering whether that clause is right for the new contract....
The current public debate on sunset dates Article by Peter Lee, Property Law Accredited Specialist There has been plenty of public debate lately about sunset dates and the termination of contracts. Mainly these focus on the plight of buyers who signed a contract years ago at what was then market prices, which price has now...
Article by Peter Lee, Property Law Accredited Specialist Have you been gazumped? I have always loved the word gazumped. It is often used in New South Wales property transactions where the seller unilaterally pulls out of the contract and leaves the buyer high and dry. It is a foreign concept in Queensland because we have...
What is e-conveyancing? E-conveyancing refers to property transactions that are settled electronically, and as of February 20 this year, they’re compulsory in Queensland. Mandatory e-conveyancing aims to ensure property transactions are completed quickly and consistently, and it also brings Queensland into line with New South Wales, Victoria, South Australia, and Western Australia, which have had...
One of life’s biggest commitments Buying a house is one of the biggest financial and emotional commitments you’re likely to make, so it’s important to ensure every detail is just right. Why contract review matters Getting a sale contract review by a qualified solicitor could potentially save you a lot of heartache, money and time....
Capital Gains Tax (CGT) and Property Sales When a property is sold, it is a Capital Gains Tax (CGT) asset, meaning you may be liable to pay tax on all, or part of the profits from the sale. However, there’s an exemption for a property that is your principal place of residence – the home...
The differences between residential and commercial conveyancing Whether you are purchasing or selling a home, residential investment, or a commercial investment, there are many similarities involved in the transfer of ownership of these different kinds of properties. There are also some important differences in the processes and complexities involved that you should be aware of…...
What is E-Conveyancing? E-conveyancing refers to property transactions that are settled electronically, and as of February 20 this year, they’re compulsory in Queensland. Mandatory e-conveyancing aims to ensure property transactions are completely quickly and consistently. It also brings Queensland into line with New South Wales, Victoria, South Australia, and Western Australia, which have had e-conveyancing...
What Buyers Need to Know Australians’ obsession with the property market continues unabated. Earlier this year the Real Estate Institute of Queensland (REIQ) brought in some changes to the way contracts for sale are drawn up. As a buyer, here’s what’s new for you: Compliant smoke alarms: Smoke alarms must be installed in any domestic...