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  1. Perp

    Buyer wants to cancel contract..can they?

    My reading of this situation is that the contract was conditional, but the condition having been previously satisfied when they got an approval, is now unconditional. The condition isn't re-enlivened if his finance falls through after the condition has been satisfied. That seems like a very...
  2. Perp

    Buyer wants to cancel contract..can they?

    Ooh, is this as exemplified by Walton Stores v Maher?
  3. Perp

    Buyer wants to cancel contract..can they?

    Unless the statutes have been modified in the 12 months since my contracts textbook was published, contracts for sale (and leases, and guarantees) must be evidenced in writing, but statute is silent as to how they may be varied and terminated. As such, it is determined by the common law...
  4. Perp

    Is there a way for landlords to join forces and boycott kmart?

    Go to propertychat.com.au and sign up.
  5. Perp

    Is there a way for landlords to join forces and boycott kmart?

    Bahahaha - it's fullylucky. ;) The thread is fully sick, for sure.
  6. Perp

    Buyer wants to cancel contract..can they?

    Neither of those scenarios would be enough to give rise to an estoppel. This situation probably lacks the element of inducement that gives rise to unconscionability, e.g. it'd be different if the vendor induced the buyer to believe they'd be released from the subject contract, in order for the...
  7. Perp

    Insurance.

    No, you can't rescind on the basis of an insurable event. If the owner damages the property in a non-insurable manner - e.g. removes fixtures, puts holes in the wall - then you could raise these at pre-settlement inspection. But if the property is damaged due to an insurable event, you are...
  8. Perp

    Buyer wants to cancel contract..can they?

    It's about assessing what your contractual intentions are based on your conduct. Feelings and so on do generally mean squat, but it's relevant to how a reasonable person interprets your behaviour. If you ask to be released from a contract, and the other party asks for your letter of...
  9. Perp

    All-time funniest Somersoft threads

    Which threads on Somersoft have made you howl with laughter?
  10. Perp

    Somersoft Goodbye Thread

    Not so much. :/ It was a gorgeous mission brown colour, though.
  11. Perp

    BCC hitting properties with 5 individuals/ granny flats again

    I predict you and Brisbane City Council planners are not going to be good friends. :p
  12. Perp

    Somersoft Goodbye Thread

    I learned to drive in a 180B... memories!
  13. Perp

    Somersoft Goodbye Thread

    Avira, but I'm not sure if it was that that detected propertychat, or some of the voluminous bloatware one gets with a Dell.
  14. Perp

    Somersoft Goodbye Thread

    I got the same and, trusting Sim :), just told my antivirus to ignore it.
  15. Perp

    What have the Somersoft Forums meant to you?

    I've made a lot of friends, and gained some great professional contacts. One forumite went way beyond the call of duty a few years ago, when I was in a short-term difficult spot, and when I was talking to her about it via PM, she offered to lend me several $000. I can't recall if we'd never...
  16. Perp

    Buyer wants to cancel contract..can they?

    I am not a lawyer, and it almost certainly won't. But you have to be careful not to give rise to what's called an estoppel, which basically means that you "can't go back on your word to somebody else's detriment". (I hope Terry excuses my lay interpretation.) The vendor asks for evidence of...
  17. Perp

    Buyer wants to cancel contract..can they?

    If they had advised that the contract finance condition was satisfied, the contract had become unconditional and the bank revoking their finance would be the buyer's problem, not yours. My only reservation is that you mention an on-completion valuation. Provided they advised "finance satisfied...
  18. Perp

    Is there a way for landlords to join forces and boycott kmart?

    1) You need cooling more than heating, so if you're installing an air-con, you may as well make it reverse cycle. 2) Most of Brissie doesn't have gas lines. (You can set up LPG bottles, but don't know if they're up to the task of running a central gas heating system - haven't ever seen one in...
  19. Perp

    Future party leader

    Just pick up where we left off? ;) I have both open at the moment. :)
  20. Perp

    Future party leader

    Yes, to their shame, Labor implemented it. I guess Anne Frank is admired because she did the right thing and just got murdered, rather than troubling somebody else to try and secure her safety. Bless her.
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