Redlands Mobile Conveyancing Service in Redland Bay, Queensland, Australia | Legal service
Redlands Mobile Conveyancing Service
Locality: Redland Bay, Queensland, Australia
Phone: +61 1800 657 033
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24.01.2022 Fun Facts - Pteronophobia is the fear of being tickled by feathers. Its also the fear of feathers themselves.
22.01.2022 How well do you know Contract conditions? FINANCE - This contract is conditional upon the buyer obtaining finance for the finance amount from the financier by the finance date on terms satisfactory to the buyer. If any of the three items is left blank the condition could be deemed as invalid making the contract a cash contract. Therefore it could be advisable to have a Solicitor overlook the draft contract before signing. Under the REIQ contract, the buyer must either advise... of finance approval by the due date, waive the condition, seek an extension for such approval or terminate the contract. The sellers may terminate the contract if the buyer has not given advice of approval by 5pm on the due date. It is very important to be completely aware of the conditions as we do see some contracts that state if the date passes, then the contract is deemed unconditional. These are rare luckily. See more
20.01.2022 Something from the archives
20.01.2022 How well do you know Contract conditions? Building and Pest Inspection Reports. If a date has been completed for the buyer to obtain such reports then the contract is subject to such condition. If left blank then the contract is not subject to such condition. If subject to then the buyer must obtain its building and pest inspection reports by the due date and advise by 5pm on that date whether satisfied, seek extension or terminate. Normal practice would be that pri...or to the due date, the buyer obtains such reports and either waives the condition if satisfied, or sends a letter of items it wishes to address to the seller and negotiates on either attending to repairs or rectification or reduction in price. The seller may by 5pm on the due date terminate the contract if this condition is not satisfied, regardless of whether there are negotiations in place for repairs. See more
20.01.2022 Fun Facts - snakes can help predict earthquakes. They can sense an earthquake coming from 121 kms away and up to 5 days before it happens.
19.01.2022 In 2017 more people were killed from injuries sustained when taking a selfie than by shark attack.
18.01.2022 DEPOSIT - The Buyer must pay the deposit to the deposit holder at the time shown in the schedule. The deposit holder will hold the deposit until a party becomes entitled to it. The Buyer is in default if the deposit is not paid by the due date - you must take into account clearance times for cheques and direct deposits. Such default can mean the Seller may terminate the Contract.
17.01.2022 How well do you know Contract conditions? 5.5 Possession of property and title to include chattels. On settlement date, in exchange for balance purchase monies the Seller must give the Buyer vacant possession of the land and improvements except for the tenancies. Title to the chattels passes at settlement.
17.01.2022 How well do you know Contract conditions? Adjustments to balance purchase price - The Seller is liable for outgoings and is entitled to rent up to and including settlement date. The buyer is liable for outgoings and is entitled to rent from settlement date. Therefore adjustments must be made within the settlement figures to ensure that any arrears to outgoings are paid in full by the seller and the buyer take the property on with a clean slate. These adjustments consist of rates, water, body corporate, land tax, agreed reductions amongst others.
17.01.2022 Fun Facts - May 29th - Put a pillow in your fridge day. This strange holiday spans back to early 1900s, where families would place a piece of cloth in their larders. It is celebrated in Europe and the USA to bring luck and wealth to the household.
17.01.2022 How well do you know Contract conditions? Pool Safety Is there a pool on the property? Then you must tick yes or no. If no, then nothing more to do. If you ticked yes then - is there a Pool Safety Compliance Certificate in place. This is very important when selling that this Certificate is current. A Buyer can check to see whether the property has a pool compliance certificate by going to -https://my.qbcc.qld.gov.au/s/pool-register The seller may however choose to... submit with the contract a Form 36 Non Compliance. This means that after settlement, the buyer must make do whatever necessary at their own expense and obtain such a certificate within 90 days of the settlement date. Regardless of whether there is a certificate in place, the buyer may still opt to have the pool inspected. In this case the details of the pool inspector and conditional date must be inserted. The buyer may terminate if they find that they are not satisfied, by the due date. A Pool Safety Inspector, must have an appropriate licence. See more
17.01.2022 Something from the archives - Redland Bay Hotel before the extensions
15.01.2022 How well do you know Contract conditions? Settlement Date The day you have been waiting for. Although the Contract allows for settlement to be effected between 9am and 4pm AEST, 99.9% of matters settle between 2pm and 4pm. As this is what suits the banks, gives them time to get their files in order and draw cheques and solve any last minute issues. Settlement is normally effected at the Bank or place where the Title/Mortgage is held. These days though Banks normally have a settlement Agent where the settlement is effected which is pretty central. However if there is no Title or Bank, then the Seller may nominate the place for settlement. If this is out of the CBD this could cost the Buyer extra fees for Agents.
15.01.2022 How well do you know Contract conditions? 5.4 - Assignment of Covenants and Warranties. At settlement the Seller assigns to the Buyer the benefit of all covenants by the Tenants under any tenancies, guarantees and bonds subject to the RTA Act, manufacturers warranties regarding any chattels, builders warranties if applicable. However the right to recover arrears of rent is not assigned to the Buyer.
14.01.2022 No reason, just thought it was cute.
14.01.2022 Polar bears could eat as many as 86 penguins in a single sitting. Lucky they live at the opposite side of the world.
13.01.2022 Oh look - the new neighbours have dogs.
12.01.2022 Contracts - how well do you know Contract conditions? Purchase price - unless otherwise specified, the purchase price includes any GST payable on the supply of the property to the Buyer. There are other laws surrounding GST withholding and CGT which only apply under certain circumstances. But not generally. This will be covered later.
12.01.2022 Early morning walk
10.01.2022 On my walk today saw this lovely man cleaning rubbish from the rocks - shame people think that is is ok to polute our waterways
10.01.2022 DO EXECUTORS HAVE TO ABIDE BY THE REQUESTS OF THE DECEASED? Not all directions made by a Will Maker are valid and binding on an Executor. Example 1. In the Will was a pet destruction clause. The subject of the direction was a young and healthy Shitzu named Sally. It was decided not to follow the direction on the basis that the dogs destruction was not legally binding and served no useful purpose and it was a certainty that such a young and healthy dog could be rehomed. In the end Sally was taken by a family member. It could only be speculated what would have eventuated had the destruction clause been followed I am sure a prosecution by the RSPCA would have been possibility.
10.01.2022 FUN FACTS - Everyone has a unique tongue print, just like fingerprints.
09.01.2022 Investment of Deposit - this normally applies for long term Contracts such as development, however if the deposit holder is instructed by either the Seller or the Buyer and is lawful to do so, the deposit holder must invest the deposit with any financial institution in an interest-bearing account in the names of the parties and provide the parties tax file numbers to the financial institution. The entitlement however to the deposit and interest is 1. the Seller if the Contract settles or if the Buyer is in default. 2. if the Contract is terminated without default by the Buyer, then the Buyer is entitled.
09.01.2022 FUN FACTS - Did you know that dogs can smell their owners from 17 kilometres away
08.01.2022 How well do you know Contract conditions? Clause 5.3 Documents and Keys at settlement. In exchange for the balance purchase monies, the Seller must deliver to the Buyer - any instrument of title for the land to register the transfer to the Buyer, stamped transfer documents, any documents to release an encumbrance, copy of any tenancy documents, transfer of bond and rent forms, pool compliance certificate if not already provided, keys. If the keys are not delivered at settlement under clause 5.3(1)(d) the Seller must deliver the keys to the Buyer. The Seller may discharge its obligations by delivering the keys to the Agent and authorising them to be released upon settlement.
06.01.2022 How well do you know Contract conditions? Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 Failure to comply with S83 of this Act by giving a copy of the Order or Application to the Buyer prior to the Buyer signing the Contract will entitle the Buyer to terminate the Contract prior to settlement. (Please note we do not act in neighbour dispute matters only terms of a Contract of Sale)
05.01.2022 How well do you know Contract conditions? Electrical Safety Switch and Smoke Alarm. Your Building Inspector should check that these items are in place and current. However the Seller must be sure when the condition is completed as any false or misleading information may incur a penalty. As the laws around these items keep changing it is important that your Inspector is up to date with the current requirements. Failure to install a compliant smoke alarm is an offence under the Fire and Emergency Services Act 1990 and may in fact affect your insurance.
03.01.2022 FUN FACTS - An office desk can have 400 times more germs than a toilet - oh dear, where is the Glen 20
03.01.2022 Payment of Balance Purchase Money - on settlement date, the Buyer must pay the balance purchase money by bank cheque as the seller or the sellers solicitor directs. However there is a new settlement method coming soon called PEXA where settlements are conducted electronically. This is up and running in other states, however not yet in Queensland.
02.01.2022 How well do you know Contract conditions? Transfer documents - Transfer documents are prepared by the Buyers Solicitors and delivered to the Sellers Solicitors in a reasonable time before settlement - this is normally after the Contract becomes unconditional. Solicitors hold Indemnity Insurance and therefore are able to return signed documents to the Buyers Solicitors for pre settlement stamping. However if the Buyer is self acting and does not have such insurance, and must stamp the Transfer documents before settlement, then the Buyer must pay the Sellers reasonable costs to producing the documents at the Office of State Revenue for stamping, prior to settlement.
02.01.2022 RBA Announcement In one of the most anticipated cash rate decisions, the Reserve Bank has decided to finally make a change to the cash rate by reducing it to 1.25% (0.25% cut). This is the first change to the cash rate in 34 months. Many analysts had predicted a rate cut was imminent, and this was re-affirmed when the RBA governor Phillip Lowe said that todays meeting would consider the case for lower rates.... It will be very interesting to see how the lenders react to this rate cut as there have been reasons to suggest they will not be passing it on in full due to continued increases in funding costs. If the rate cut is not passed on in full, it would be a disappointing outcome for all borrowers, especially since it would be a good opportunity for the lenders to build some credibility following the findings of the recent Royal Commission into Banks Misconduct.
01.01.2022 Fun Facts - If you lift a kangaroos tail off the ground, it cant hop. Kangaroos use their tails for balance when hopping. If you elevate their tails they lose their balance and fall over.
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