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As a landlord, it is imperative to keep abreast of important changes to the contracts that you rely on every day. If you let those changes pass by unnoticed, you could inadvertently run afoul of the law or misconstrue important facts and rules. Recently, the Queensland Law Society and the REIQ have released brand-new contracts. In order to conduct conveyancing in Brisbane in an efficient and effective way, be sure to familiarise yourself with these changes.
Even if you have an experienced conveyancing professional in Gold Coast who handles all of your contracts for you, it still pays to understand what is going on with them. Being completely ignorant of what a contract entails could derail your success as a property investor. It could also cause you to run into trouble when buying or selling property. The recent changes primarily affected the Contract for Residential Lots in a Community Titles Scheme Version 3; some of the most important changes are explained below.
Place of Settlement – When used here, “Brisbane” refers to “Brisbane CBD.” If settlement is going to happen outside Brisbane CBD, it needs to be explicitly noted in the Reference Schedule.
Clause 1 – A few definitions have been added or changed. “Court,” for instance, includes a tribunal that’s been established under statute. “Bond” refers to a bond under the Residential Tenancies and Rooming Accommodation Act 2008. A few important changes have been made regarding the term “Essential Term,” as well; check the latest version of the Contract for Residential Lots in a Community Titles Scheme Version 3 for more information.
Clause 3 – When a buyer sends a seller a notice about lack of finance approval, the buyer must also inform the seller that the contract has been effectively terminated.
Clause 4 – Specific results must be noted regarding a building or pest inspection report. A buyer has until 5pm on the date of an inspection to notify that a satisfactory inspector’s report has not been received; otherwise, he must note that this clause has been waived by the buyer.
Clause 9 – Rights for both the buyer and the seller in the event of a default are now outlined in clause 9. Previously, the rights of a buyer were completely omitted. It is hoped that this new revision will balance things out a little.
Clause 10.8 – If an offending term is located within a contract, it may now be severed from it without voiding out the remainder of the contract. This should speed the process up and streamline things quite a lot. These changes should all go into effect on 1 July 2010.