A question which arises in all Conveyancing transactions is whether an item within the property is a fixture (which stay with the property on sale, unless noted in the contract otherwise) or fitting/inclusion (which are to be taken from the property on sale unless noted...
With the recent gazettal of the new LEP for the Sutherland Shire Council, there are numerous developers making offers to enter into options to purchase properties for the purpose of redevelopment. It is therefore timely to look at the issues that should be addressed in acting...
This article is a reminder of the pitfalls faced by purchasers when they are looking to purchase a property. A proportion of purchasers don't know what they need to do to place themselves in the best position to buy a property, especially with the current market...
It is common for directors of companies to be required to provide a director's or personal guarantee to guarantee the performance of a company's obligations under contracts entered into by the company. In the absence of a personal guarantee, a director of a company is only...
Read the Solari & Stock Newsletter - August 2015 here. Want to subscribe to our Newsletter? Email us today!...
In many instances, property owners and/or property developers will need to access neighbouring land in order to undertake construction works on their own land, or to carry out work to services which service their own land. In the normal course, in the first instance discussions with...
From 30 January 2012, the Personal Properties Securities Register (PPSR) replaced a number of Commonwealth, state and territory government registers for security interests in personal property and became the single national source of registered security interests in personal property. Security interests which were previously recorded on...
We received an email communication today from Sutherland Shire Council stating the following: "Council's 149 certificates were made unavailable on the 23rd of June, 2015 following the making of Sutherland Shire Local Environmental Plan 2015. The new LEP required a number of changes to the information...
Under Section 53 of the Residential Tenancies Act (the Act), a landlord is required to provide the tenant with 14 days' notice prior to the date that the premises are first made available for inspection to prospective purchasers. In respect of these inspections, the landlord or...
Often people believe that pre-contractual negotiations cannot amount to a binding contract where no formal contract has been signed. However, two recent cases have found binding contracts do exist in relation to leases and sale contracts, without the parties signing formal documents. Email exchanges can often result...