Queensland Vendor Finance Lawyer

  Searches and Seller’s Disclosure Generally, the property is sold free from encumbrances except those disclosed in the Contract. In addition, there are certain statutory warranties that apply and the Seller may make certain warranties in the Contract regarding the Property’s condition. We will need to undertake various searches immediately following the establishment of the scheme and registration of the plan creating the lot to establish whether the Seller has complied with its disclosure obligations and that the warranties are correct. In the event of any adverse results, we will advise what rights you have in relation to those matters. Unless you instruct us otherwise, we will undertake all necessary searches immediately following receipt of notice of registration, so that we can protect your interests. Despite undertaking certain inquiries which may reveal adverse impacts on the  Property , you will not always be able to terminate. If searches do reveal unsatisfactory res...

This article aims to analyze the recent decision of the Federal Court imposing a pecuniary penalty of $20 million for false or misleading representations on the Colonial First State Investments Limited ( Colonial ).  Summary Of Facts The cited case is  Australian Securities and Investments Commission v Colonial First State Investments Limited  [2021] FCA 1268.  Colonial in this case admitted that between 2014 and 2016 it designed and implemented a communications campaign, via letters and telephone calls with nearly 13,000 of the members of its FirstChoice Personal Super product, in which it made false or misleading representations about members’ entitlements in relation to their superannuation investments.  The Court noted that Colonial’s conduct in sending 12,911 letters on or about 22 April 2014 to members  of its FirstChoice Personal Super product from whom Colonial did not hold an investment direction (as defined) and who had accepted superannuation con...

  It is essential for you to decide about property settlement if you are thinking to end your relationship. It is good to know how assets split in Australia works.  Our article will inform you about the process and rules for property settlement in Australia.  Also, you will find tips for getting better results. We also have some examples that can explain to you the working process of the divorce settlement.  You cannot predict the exact outcome of your process, but you can take some steps to get the necessary help.  Get in contact with the best real estate agents in your town.  Get help from experts in a divorce settlement.  What is a property settlement? If you are getting a divorce, then property settlement will decide how to divide your assets and liabilities. It contains both shared and individual properties.  You can solve this issue without the involvement of Lawyers or the  Family Court of Australia , by making an agreement with your p...

Pre-settlement Inspection Unless we tell you otherwise, your Contract will entitle you to undertake a pre-settlement steps inspection of the Property. We suggest you make arrangements with the Seller to undertake that inspection. You may wish to engage a consultant to assist you to undertake the inspection and, among other things, check that the Property has been finished in accordance with the agreed specifications. Settlement Notice We will lodge a Form 23 Settlement Notice on the title before settlement. This helps protect your interest in the Property by preventing the registration of any conflicting interest (such as a mortgage or transfer to an unrelated third party,  but not a caveat or a writ of execution) until the earlier of: Two months after we lodge the notice; or Your transfer and all related documents are lodged; or It is withdrawn. Transfer Documents Title to the Property will be transferred to you after settlement when transfer documents are registered in the Land T...

  Introduction In addition to the two legal estates inland, it is also possible to have an interest inland. This is a lesser right over the land which falls short of possession. Anyone can own an interest in land. It is not always necessary to own land to have an interest inland. For example, à privilege, or ‘profit a prendre’, allows the owner of that interest to enter a person’s land in order to take produce from it, such as crops or firewood, without actually being the owner of any land themselves. Aim Higher There are exceptions to this rule, as easement can only benefit an individual as the owner of the benefited land. This is discussed in further detail in Chapter 9. As a property right, an interest in land can be sold by the owner of the interest or transferred to a third party in the same way as an estate in land can. The owner of an interest in land can also protect their interest against a third-party purchaser of the estate in which the interest is held. Legal and equita...

  The definition of domestic and family violence is widely drawn in Queensland, and an increasing amount of attention is being paid to what is described as coercive control.  It would not be uncommon for 2 people who are married or in a de facto relationship to write wills or EPOA’s appointing each other as attorneys and executors.  These appointments do not change unless you take steps to implement changes. Therefore if your wishes change, you need to act to give effect to your new intentions and wishes.  If you are making plans to leave a relationship, changing your will or your enduring power of attorney is a step that you can consider taking as part of your preparation. If you have already left your relationship, this is something not to forget to attend to.  In most situations it should be straightforward and it will not be necessary to notify your former partner, but it would be preferable to take  legal advice  as there may be situatio...