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I feel like I'm missing something here given two other Lawyers have opposing views to mine. A contract requires (among other things), offer, acceptance and communication of acceptance. Without these three things, there is no contract. I don't understand the position that a contract is...

Not sure where you're coming from here. There is no contract until acceptance has been communicated. The contract date should be the date that acceptance was communicated. In practice, the contract is usually dated on the date that the last party signed. If there is a delay in acceptance...

It will depend on the terms of the contract. Most standard form consumer contracts (such as the REIQ) still allow the OP the right to terminate under the building and pest clause after the relevant date. The Seller may also have a right of termination.

The reality with multiple agents is that you end up with two or more agents that are focusing on selling their exclusive listings first and your property second. Can you really blame them either? Their time and effort is better spent on the listing where they don't have a very realistic...

The answer is not going to change no matter how many times you ask the same question. It doesn't matter what happens in Victoria, I have told you how it works in Queensland. You pay stamp duty on the contract you have entered into on the higher of the market value and the contract price (not...

The answers are in my previous post. 1. - No, you pay stamp duty on the higher of the market value and the contract price. You do not pay stamp duty on the land value. 2. - Stamp duty must be paid twice in this case.

Transfer duty is payable on the higher of the market value and the contract price. Transfer duty will be payable if you nominate regardless of when this occurs. The only usual way to nominate to a third party in Queensland without paying double transfer duty is by way of a Put and Call...

As has been mentioned, this will serve the purpose of passing your interest in the property to the other joint tenants, however creates risk from a bankruptcy and family law perspective. You should seek advice from a Lawyer, such as Terry above.

There are a lot of mezzanine lenders that do this. It usually involves a deed of priority being entered into with the first mortgagee and higher interest rates.

Selling with a neighbour is usually best when selling as one site: 1. makes the properties a development site when they otherwise weren't; or 2. increases the yield of the development in comparison to developing as individual sites (ie the bigger site allows a gross floor area of 100% rather...

My Question is: Do I need to fly back to Perth to get this form signed in front of witness or I can download the form and sign in front of witness here in Darwin (NT). No, the statutory declaration can be signed and witnessed pursuant to WA legislation in Darwin. Do I need to use the bank...

Is the property located in Gladstone? If so, it's tough selling in that area at the moment regardless of who your agent is. If your current agent has been following up buyers, has good communication and you are otherwise happy, what can another agent bring that your current agent is not...

Based on $100k you're looking at returns of 25%pa or so. Good luck finding a reliable source of investment with these sorts of returns that won't take considerable amounts of your time (such as buying a business like you mentioned).

The argument that a caveat can be removed through fraud also applies to a mortgage. There is nothing stopping the same party fraudulenty executing a Form 3 Release of Mortgage. A caveat lodged by the registered owner does not require consent and does not lapse in Queensland. The best...

If you are concerned about a high resolution copy of the existing certificate of title, you can cancel the existing CT and request a new one. The new CT will have a different number, meaning the high resolution copy cannot be used. You have correctly identified the other measures that can be...

Depending on the particular easement, it may be a statutory easement and not require registration. With this said, this would not often by the case for a sewerage easement. You should consider what the terms of a registered easement would be if you are worried about it. In this case, the only...

I would be more concerned if your solicitor wasn't doing such a search.

You are yet to provide any logical reasoning to support your argument. I have no issue with people having different investment strategies, however people should at least provide some logical basis so that the original poster can make an informed decision. Talking about Amway and new BMWs...

This comes down to doing your own research and buying something that is priced well. If you have bought well, it will val up. The difference is that property generally appreciates, cars and most other items do not. The benefit of buying off the plan is that you have the opportunity for...