Blog
Pre-contract advice
Without legal advice, clauses that could lead to unexpected costs might be missed, such as hidden property defects or issues with zoning that require costly fixes.
Time is of the essence
When you’re buying or selling property in Queensland, you might come across the phrase “time is of the essence” in your contract. But what does this actually mean?
Pool safety certificates
If you’re thinking about buying or selling a home in Queensland that has a pool, there’s an important legal requirement you need to be aware of: the pool safety certificate.
Joint tenants or tenants in common
If you’re purchasing property with another person it is important to consider how you want to share ownership: joint tenants or tenants in common
Building and pest inspection clause
The buyer must engage licensed inspectors to complete the building and pest reports. A buyer cannot rely on inspections from their dad or a friend.
Caveat emptor / buyer beware
Searches can uncover certain issues with the property but the buyer will not always have automatic rights (i.e. to terminate or claim compensation) under the contract.
How does the finance clause operate?
The buyer must take reasonable steps to obtain finance approval – at least one application should be made to a financial institution.
Brooke Patterson appointed as Director
Brooke Patterson is a Mackay local who joined the Kelly Legal and Property Law Centre team in 2019 after completing her law degree with JCU, Townsville.
New Smoke Alarm Requirements from 1 January 2022
Under the new smoke alarm legislation, all home owners must install interconnected photoelectric smoke alarms in every bedroom, in hallways, and on every level of a dwelling/s by 2027.
Fraud Protection: Verification of Identity
When buying or selling property it is a necessary part of the process that your conveyancer verifies your identity, either personally, or via an approved Identity Verifier.
Council Building Records Search
Purchasing a home without the appropriate approvals can have consequences such as: insurance implications in the event of fire or flood etc, finance being declined, substantial costs involved in obtaining an approval, and problems with council (such as an order being issued to remove the unapproved structure).
Electronic Conveyancing
Property Law Centre has completed numerous electronic settlements and undoubtedly this number will increase as we transition towards the inevitability of settlements by electronic conveyancing becoming mandatory.
GST Withholding
If the property is a new residential premises or potential residential land (vacant residential land) the buyer will probably need to withhold at settlement a GST component for payment to the ATO.
Supreme Court Victory for a David v Goliath Style Court Battle
When developers release residential land imposing building covenants or design guidelines, their intention is to maintain the aesthetic amenity of the development.
Recent Posts
Pre-contract advice16 July 2024Without legal advice, clauses that could lead to unexpected costs might be missed, such as hidden property defects or issues with zoning that require costly fixes. […]
Time is of the essence8 July 2024When you’re buying or selling property in Queensland, you might come across the phrase “time is of the essence” in your contract. But what does this actually mean? […]
Pool safety certificates1 July 2024If you’re thinking about buying or selling a home in Queensland that has a pool, there’s an important legal requirement you need to be aware of: the pool safety certificate. […]
Joint tenants or tenants in common31 May 2024If you’re purchasing property with another person it is important to consider how you want to share ownership: joint tenants or tenants in common […]
Building and pest inspection clause31 May 2024The buyer must engage licensed inspectors to complete the building and pest reports. A buyer cannot rely on inspections from their dad or a friend. […]
Caveat emptor / buyer beware31 May 2024Searches can uncover certain issues with the property but the buyer will not always have automatic rights (i.e. to terminate or claim compensation) under the contract. […]
How does the finance clause operate?31 May 2024The buyer must take reasonable steps to obtain finance approval – at least one application should be made to a financial institution. […]
Brooke Patterson appointed as Director12 October 2022Brooke Patterson is a Mackay local who joined the Kelly Legal and Property Law Centre team in 2019 after completing her law degree with JCU, Townsville. […]
New Smoke Alarm Requirements from 1 January 202217 December 2021Under the new smoke alarm legislation, all home owners must install interconnected photoelectric smoke alarms in every bedroom, in hallways, and on every level of a dwelling/s by 2027. […]
Fraud Protection: Verification of Identity29 September 2021When buying or selling property it is a necessary part of the process that your conveyancer verifies your identity, either personally, or via an approved Identity Verifier. […]
Council Building Records Search20 July 2021Purchasing a home without the appropriate approvals can have consequences such as: insurance implications in the event of fire or flood etc, finance being declined, substantial costs involved in obtaining an approval, and problems with council (such as an order being issued to remove the unapproved structure). […]
Electronic Conveyancing6 March 2021Property Law Centre has completed numerous electronic settlements and undoubtedly this number will increase as we transition towards the inevitability of settlements by electronic conveyancing becoming mandatory. […]
GST Withholding3 March 2021If the property is a new residential premises or potential residential land (vacant residential land) the buyer will probably need to withhold at settlement a GST component for payment to the ATO. […]
Supreme Court Victory for a David v Goliath Style Court Battle1 March 2021When developers release residential land imposing building covenants or design guidelines, their intention is to maintain the aesthetic amenity of the development. […]