The provisions of the Foreign Acquisitions and Takeovers Act 1975 (Commonwealth) (“Act”) and Foreign Acquisitions and Takeovers Regulation 2015 (Commonwealth) (“Regulation”) apply strict rules to foreign persons purchasing a residential real estate in Australia or investment for property in Australia. A summary of some of the key issues follows. Residential Real Estate Generally Under Australia’s […]
Purchasing or Selling property contract, property lawyer can be an overwhelming experience, particularly if it is your first residential transaction. Even more daunting is being handed a contract from an agent and being asked to sign on the dotted line when a purchaser or seller has little or no experience in what to look for […]
Introduction There are essentially four stages that cover the breadth of the conveyancing process: Pre-Contractual; Conditional; Unconditional; and Settlement/Post Settlement . Each of these stages offers its own risks. Settlement/Post Settlement The importance of this stage, which covers the settlement process and the following period, is often overlooked and matters can “slip through the cracks” […]
The importance of this stage, which occurs after all contractual conditions have been met but prior to settlement, cannot be understated as there is now a binding unconditional contract in place and failure to settle as provided in the contract will expose you to liability.
As a matter of law, this is an example of a “condition precedent” as the condition must be met, unless its failure to be met is excused, before performance under a contract becomes due and before any contractual duty exists.
The importance of this stage, which occurs before the signing of contract, is often overlooked with inexperienced property buyers signing the “standard” Real Estate Institute of Queensland (REIQ) contract without reading the document fully.
Your solicitor will generally attend settlement on your behalf and will manage all aspects including the exchange of: settlement cheques; releases of security interests (Mortgages and Personal Property Security Register entries); and transfer documentation.
Unconditional stage means there is now a binding unconditional contract in place and failure to settle as provided in the contract will expose you to liability.
The importance of the conditional stage (which occurs after the signing of the contract but before the contract becomes unconditional) cannot be overlooked as it is during this stage that the buyer under a contract can elect not to proceed with a purchase, usually without penalty, so long as they can demonstrate that a condition of the contract has not been met.
PRE-CONTRACTUAL STAGE – SELLER INTRODUCTION The Four Stages of a Conveyancing Transaction – Part 1 Sellers: Pre-Contractual; Conditional; Unconditional; and Settlement/Post Settlement. Each of these stages offers its own risks. PRE-CONTRACTUAL STAGE The importance of this stage, which occurs before the signing of a contract, is often overlooked with clients signing the “standard” Real Estate […]