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 | 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...
by Cameron Shaw | Dec 15, 2017
It is common practice for vendors to agree to a ten per cent deposit ‘paid by instalments’, with five per cent paid on exchange and the remaining five percent paid on settlement. This practice was considered in Boyarsky v Taylor [2008] NSWSC 1415. In this case, the...
by Cameron Shaw | Nov 18, 2017
Under the standard NSW Law Society contract for the sale and purchase of land when a property is sold in NSW it is given either “subject to existing tenancies” (where there is a leasehold tenant) or with “vacant possession”. Vacant possession is a term from the...
