Robert Hay KC Blog

sale of land

  • When will a deposit be a penalty?

    Deposits hold a special place in contracts for the sale of land and do not fall within the general rules about penalties. Where a purchaser defaults the deposit (customarily 10 per cent) can be forfeited even though the amount of the deposit bears no reference to the anticipated loss to the vendor flowing from the

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  • When does a deposit become a penalty?

    Deposits hold a special place in contracts for the sale of land and do not fall within the general rules about penalties. Where a purchaser defaults the deposit (customarily 10 per cent) can be forfeited even though the amount of the deposit bears no reference to the anticipated loss to the vendor flowing from the

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  • Real estate agent not authorised to accept termination notice given under s.31 of Sale of Land Act 1962

    A purchaser of land in Victoria may terminate the contract “at any time before the expiration of three clear business days” after signing the contract. See: s.31(2) of the Sale of Land Act 1962 (Vic). The termination notice must be “given to the vendor or his agent” or left at an address specified in the

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  • Vendor not entitled to interest on unpaid contract price where contract terminated

    Vendors who terminate contracts for the sale of land on the ground of a default by the purchaser often claim interest on moneys that have not been paid calculated from the date of the breach to the date of termination. Clause 25 of the general conditions of the standard form of contract concerning the sale

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  • Date of termination confirmed as the date for assessing damages for breach of contract for sale of land

    The general rule is that damages for a breach of a contract for the sale of land are assessed at the date of the breach. The task is usually to compare the contract price with the value of the land a the time of the breach. If the value is greater than the contract price,

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  • Second Notice to Complete Revives Terminated Agreement – Contract Sale of Land

    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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  • Implied term that vendor must act in a reasonable manner when selling land pursuant to liquidated damages clause

    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/   What duties does a vendor have in selling land pursuant to a liquidated damages clause in the sale contract following a default by the purchaser? There

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  • “Terms contract” anomaly confirmed

    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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  • Proprietary estoppel – estopped party does not have to disprove reliance

      There is a translation key(widget)  on this blog for ease of reading for non-English speaking members of the public or professionals. http://roberthaybarrister.blogspot.com.au/     The High Court has rejected the notion that the onus of proof in relation to detrimental reliance can shift to the party said to be estopped. In Sidhu v Van

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  • What is the effect of a nominee clause?

    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/   What is the effect of a purchaser of land nominating a nominee under a nomination clause contained in the contract: what rights and obligations does

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