Sale of land
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A vendor who has terminated a contract for the sale of land should be wary of serving a second notice to complete because the second notice revives the agreement that has been terminated. In Rona v Shimden [2005] NSWSC 818 a vendor under a contract of sale claiming to have terminated the contract, gave notice
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The vendor’s “section 32 statement” will not have to be attached to a contract for the sale of land following amendments to the Sale of Land Act 1962. See: s.4 of the Sale of Land Amendment Act 2014. The amendments have not yet commenced. The latest day on which the changes can commence is 1
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This blog has previously referred to the important decision of Ottedin Investments Pty Ltd v Portbury Developments Co Pty Ltd [2011] VSC 222[1] which confirmed that amendments to the Sale of Land Act 1962 made in 2008 had caused “terms contracts” to cease to be regulated by the Act where multiple payments were made before the
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There is a translation key (widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/ Section 76(1) of the Transfer of Land Act 1958 sets out the procedure to be followed by a mortgagee in the case of default in
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It has long been a vexed question whether a vendor of land needs to include details of a lease affecting the land in the vendor statement provided to a purchaser pursuant to s.32 of the Sale of Land Act 1962. Section 32 requires the disclosure of, among other things, mortgages and charges affecting the land
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Any practitioner who acts for vendors and purchasers of land should have a good understanding of what is and what is not a “terms contract” for the purpose of the Sale of Land Act 1962. The Act prohibits certain types of “terms contracts” and a purchaser can avoid contracts entered into in contravention of the
