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Author: Melissa Warbrick

Q. Is a Seller limited to claiming interest at the “Default Rate of Interest” or "Default Interest Rate" when they are asked to extend for example the settlement date? A. No. A Seller may agree to extend or not agree to extend on whatever terms they wish and...

Q. When do you require Stamp Office Valuation for a residential property transaction? A. In most cases stamp duty is simply paid on the purchase price shown in a Contract for a residential property transaction. In some cases, for example, where the transfer is by way of a...

Q. Is a Seller entitled to accept any offer they choose out of Multiple Offers to buy a property or are they obliged to accept offers only in the order in which they are made? A. The Seller in normal circumstances would be entitled to accept whichever offer...

Q.What date should be inserted as the Conveyancing Contract Date in the item schedule of the Contract? A. We recommend that the Conveyancing Contract date should be inserted as the date the Seller signs the Contract. You should note however that the Cooling Off Period in this...

Q. Once a Contract is signed by all parties is the property at the Buyers or Sellers risk through to the settlement date? A. The property is at the Buyers risk from 5pm on the first business day after the Contract date. This gives the Buyer sufficient time...

Q. What are the essential elements of a Contract of Sale on lands? A. Generally, the position is as set out below. This is a complex area and the summary below is only a brief overview of the position. A more detailed consideration may be needed in individual...

Q.Which non-Australian purchasers do not need foreign investment approval for a Foreign Residential Investment? A. You are exempt if: You are an Australian Citizen living abroad; Your spouse is an Australian Citizen (not a permanent resident) and you are purchasing residential real estate in both names as...