Deed of Recission or amend the contract?

The question of whether a Deed of Rescission is required in QLD really is an extension of whether an amendment to the contract, if made, could be seen to be a transfer of an interest. 

An example of where a Deed of Rescission would be required would be where a buyer, following advice from an accountant for example, decides to instead purchase the property in a company name rather than personally (as noted on the contract). Simply amending the contract, changing the name to reflect this, would trigger the implementation of transfer duty a second time as there has been a transfer of interest from one entity to another (the individual to the company). 

Where however the amendment is simply to rectify an error (For example a misspelt name or missing a middle name), no Deed of Rescission would be required. 

We are dedicated to making conveyancing as seamless and stress-free as possible and would provide advice and guidance in light of the individual circumstances when they arise.

Are you looking to sell your home in Queensland or Victoria? If so, don’t hesitate to reach out. Ownit provides seamless and stress free conveyancing to buyers and sellers!

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Andrew Francey


Chief Operating Officer

Andrew has over two decades experience in high growth fast moving consumer goods, agribusiness and professional services. Supporting the Ownit team to deliver on client expectations, and implementing processes to scale the organisation, is a key focus for Andrew.

Andrew is a C-Suite leader with Chairman and Board experience.  He has formal qualifications in Business, Applied Finance and AICD Company Directors Course.

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