A Good Conveyancer Can Save You Many Thousands of Dollars

Two recent cases which came before the Queensland Courts illustrate very well the vital importance of ensuring that the Conveyancer that you appoint to handle your property sale or purchase is an experienced and high-quality practitioner. In the case of Filmana Pty Ltd & Ors –v- Tynan and Anor, at the heart of the dispute was the question of whether the contract for the sale of the property in St Lucia in Brisbane was still on foot or whether negotiations about the possibility of a Deed of Rescission and a replacement Contract, which were inconclusive, had affected the validity of the Contract. The Court found that the original Contract remained on foot, and the Sellers obtained a judgment against the Buyers for 2.8 million dollars.

In another case known as Petersen & Anor –v- Corby, the Court was again asked to make decisions in relation to a contract that has not been settled. In this case, the Sellers asked the Court to give summary judgment on their Application but the Court has decided not to because of the uncertainty surrounding the Contract and whether or not, and if so in what way, it had been amended or changed. The situation, in this case, is made more complicated because the proposed Buyers Solicitors in the conveyancing transaction were New South Wales Solicitors who appeared not to be familiar with the intricacies of Queensland Conveyancing Practice. The Seller’s claim for damages for breach of contract against the Buyer will therefore proceed to a Trial, with all of the delay and legal expense that goes with that.

These cases highlight very clearly the need to ensure that you appoint a Conveyancer who has the skills and experience to deal with your transaction, but also the time that they need to be able to devote to ensuring it is done properly.

Aylward Game Solicitors

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