by Cameron Shaw | Apr 30, 2024
Case Note – Sue for Specific Performance or Termination for Breach of an Essential Term – don’t get fooled that each 5% clause is the same as the next! Alexakis v Wan [2021] NSWCA 172 (11 August 2021) The decision is a decision of the NSW Court of...
by Cameron Shaw | Nov 25, 2020
NO An agent does not have a duty to disclose the existence of an AVO between a tenant and a neighbour. However, if asked about the AVO the agent cannot make misleading representations about relations between yourself and the neighbour. Pursuant to section 52 of the...
by Cameron Shaw | Oct 26, 2020
NOT FOR A RETAIL LEASE! For a retail lease to be registered the consent of the mortgagee is required. In providing consent, the mortgagee will charge a consent fee. The lessor is solely responsible for paying the full costs of this mortgagee consent fee. Hence, a...
by Cameron Shaw | May 4, 2018
Firstly, a caveat (form 08X) is a warning that informs the public that someone has a priority interest in a property, and the party that lodges the caveat is the caveator. Secondly, an individual must have a ‘caveatable interest’ to lodge a caveat. So, under what...
by Cameron Shaw | Feb 12, 2018
When selling your home or investment property vendors normally engage two primary professionals: a real estate agent, and a solicitor (or conveyancer). Normally, if a vendor doesn’t have a regular solicitor, most vendors approach a real estate agent first. It is...
