Property FAQ
- 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…
- Conveyancing for off-the-plan – what’s involved?
If you are buying a unit in a building that is under construction, there is no existing title or survey plan relating to the lot you are buying. For that reason, there…
- Conveyancing for seller – what’s involved?
If the property is mortgaged, you should immediately provide your bank with a completed mortgage discharge form. These can usually be obtained online or alternatively you can attend a branch to arrange…
- Conveyancing for buyers – what’s involved?
The conveyancing process begins once all parties have signed the Contract. It is strongly recommended that you provide a copy of the draft contract to your solicitor for review prior to signing.…