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News & Resources

Being the effective cause of a sale when another agent becomes the selling agent

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…

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If a seller doesn’t fulfil their contractual obligations, what are the rights of the property purchaser?

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…

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Agency Agreements

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…

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Have you separated but never formalised a property settlement?

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…

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What should be included in a Shareholder Agreement?

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…

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Solari & Stock Newsletter – May 2015

Read the Solari & Stock Newsletter – May 2015 here. Want to subscribe to our Newsletter? Email us today!

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The importance of notifying insurance companies of lease terms

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…

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How much of a deposit is to be provided for an exchange pursuant to a cooling off period?

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…

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Estate Planning – Misconceptions & Actions to be Taken

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…

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The Meaning of ‘Quiet Enjoyment’ in a Lease

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…

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