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...
Big change in the Sutherland Shire. The new 2015 Sutherland Shire LEP (formerly the 2013 Sutherland Shire Draft LEP) was gazetted yesterday. It can be viewed through the NSW Governments legislations website. At Solari & Stock Lawyers, we will have a specific special condition in our...
We have been hearing on the grapevine that the Draft 2013 Local Environment Plan (LEP) will be released and gazetted by the NSW State Government shortly. Once the Draft LEP has been gazetted, it will no longer be a Draft LEP and will be the...
When establishing a Self Managed Super Fund (SMSF) you can have the individual members as trustees or otherwise you can have a corporate trustee. The corporate trustee may cost a few extra dollars in the short term, but there are good reasons why we would...
For any business owner, they need to think about their eventual exit in order to maximise the return they get from the business. A business owner should regularly review and assess the business through the eyes of the potential buyer. We set out below some of...
For an agent to be able to claim commission when a property has been shifted from them and listed by another agent, they must be able to show that there is a connection between their actions and the sale of the property. Therefore, the agent should...
A common dilemma facing purchasers of property is what to do when the seller fails to fulfil their contractual obligations prior to completion. A purchaser's response will often be dictated by market conditions, for example, in a rising market (such as we are in at...
For an agent to be in a position to claim their commission they must, by law, have a valid Agency Agreement. For a valid Agency Agreement to exist, the agent must meet the following requirements: It must be in writing and signed by, or on behalf of,...
Many couples who separate today come to a mutual agreement on how to divide their property, however many do not take the steps to legally formalise these agreements. Unfortunately things can change over time, amicable couples can become uncivil and an individual's financial situation can...