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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...
A company constitution does not adequately protect shareholders in the event of a dispute between members. It is not compulsory to have a properly formulated Shareholder Agreement but it is highly recommended for all companies. When a person is entering into a business relationship by way of...
Read the Solari & Stock Newsletter - May 2015 here. Want to subscribe to our Newsletter? Email us today!...
Retail and commercial leases normally include provisions setting out the tenant's specific insurance obligations. Typically a failure to adhere to these obligations will result in a breach of the lease. Additionally, most leases require the tenant to 'indemnify' the landlord against certain losses or occurrences...
Now we know that you will all be sitting there thinking that the answer to this question is very easy seeing you all do this on a daily basis, but the answer is not as easy as it seems. Upon exchange, the deposit to be provided...
Estate planning is important to everyone, irrespective of their age or financial position. Everyone should think about or implement an estate plan which takes into account the individual's personal circumstances including family arrangements, businesses, assets and liabilities, superannuation and how the estate is to be administered...
An essential component of a lease is that the tenant have 'quiet enjoyment' of the leased premises. The concept of 'quiet enjoyment' distinguishes leases from licence agreements. While most commercial leases include a specific provision granting the tenant 'quiet enjoyment', the right is in any...
Process to be followed to minimise claims for unfair dismissal. Many people are of the view there is a legal requirement that you have to give employees three written warnings before you are able to terminate them, commonly known as the 'three strikes and you're out'...
