Property FAQ
- Dealing with Land Encroachments in Queensland
Dealing with encroachments on land can be a complex and challenging issue for property owners in Queensland. It can lead to disputes and legal proceedings that require careful consideration and expert advice.…
- When Your Neighbour’s Actions Flood Your Property: What to Do Next
Your property being flooded by your neighbour is not only devastating, but it can also leave you feeling helpless. But don't worry, there are steps you can take to address the issue.…
- What is an easement? Things to know if there’s an easement on your property
An easement allows someone to use a portion of another's land for a specific purpose without actually owning the land. The easement user is known as the easement holder, and the land…
- Liability for marketing material misrepresentation
Without a comprehensive indemnity, an agency and an individual agent can be exposed to potential liability, if marketing information is wrong, in the nature of:- misleading or deceptive conduct; misrepresentation; Click here…
- Liability from Employee Conduct
An unsupervised sales agent can cause serious financial harm for which an agency is a potential liability. Click here for a spectacular example. Liability to the agency can also arise from inappropriate…
- Conduct Standards
Conduct Standards breaches cannot be relied on by a buyer to establish a breach of agent’s duty, as explained in this case. While a seller is entitled to appoint multiple agents on…
- Commission complaints: Performance by agency
Can an owner refuse to pay commission because they are disappointed with an agents marketing performance? Even if sellers are genuinely unhappy with marketing performance will not constitute a breach entitling termination…
- Commission entitlement: Effective cause of a sale
Numerous court decisions offer guidance as to whether or not an agent is – where there are competing commission claims - an effective cause of any particular sale. Although merely introducing a…
- Retail Leases 101 – Things you need to know
The special rules that apply to Retail Leases include the following:- Landlords cannot charge tenants for lease preparation legal fees or the cost of obtaining its mortgagee’s consent to the lease. Legal…