Contract Clauses

[WebBoard]

From: Ctrader .


I am looking for peoples help/experiences with inserting good contract clauses for the following:

1. Subject to purchaser acceptable finance.

2. Purchaser has the ability to obtain Town Planning approvals and access to the property for this purpose prior to settlement.

Ctrader

 

[NigelW]

Reply: 1
From: Nigel W


Hi CTrader

At the risk of blowing my own trumpet, I'm in the process of writing a book about property contracts and special conditions which addresses those issues. [Apologies to one and all if this sort of "touting" should go in Caveat Emptor ;-) ]

I also broadly addressed those issues in a talk I gave to the Sydney North Freestylers meeting earlier this month. (see www.freestylers.net.au if you don't know about freestylers). I'm not sure where you're located but I'm considering travelling to each state to give the talk to each city's freestylers group if there's enough interest. *hint hint*

What you should probably do; however, is go see your solicitor, talk through what you want to achieve and get him or her to draft you some special conditions to insert into your contracts which can then be tailored for each specific deal. I can't stress enough the importance of tailoring the clauses to the particular circumstances, state and form of contract in question - especially with regard to "subject to DA approval" style conditions. The requirements and timeframes of the relevant local council will need to be catered for.

Cheers
N.

 

[DaleGG]

Reply: 1.1
From: Dale Gatherum-Goss


Hi Nigel!

I for one, would be keen to hear what you might be able to teach. I'm in melbourne so if you do come down, let me know. I can probably promise about 6 people without thinking.

Thank you

Dale

 

[DB_Bear]

Reply: 1.1.1
From: DB Bear


Nigel

Melbourne Freestylers would be interested in you coming to visit us. Contact me when you're ready.

Deb
Melbourne Freestyler Co-ordinator
www.freestyler.net.au

 

[Ross Sondergeld]

Real estate clause book for QLD

Reply: 1.2
From: Ross Sondergeld


Hi,

In Queensland... you can get a real estate clause book.

Clauses made simple (qld ed)
Solving teh problem of preparing clauses for real estate and business
contracts.

Rob Balanda

You can get it at the REIQ office or website. $80


Great book... if you deal with contracts day to day.


Ross Sondergeld ~ Buyer Agent

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
" Imagine buying real estate the easy way...
...with a Buyer Agent on your side!!! "

Buyerside Real Estate Mobile 0412 289 464
Office 9b, 34 Glenferrie Drive Office (07) 5562 1555
East Quay Corporate Park Fax (07) 5562 1248
Robina QLD 4226, Gold Coast [email protected]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


_________________________________________________________________
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[NigelW]

Real estate clause book for QLD

Reply: 1.2.1
From: Nigel W


Ross

That's right. I haven't seen the latest edition, but I read the earlier edition. With great respect to Rob Balanda, who is a very experienced lawyer, I wasn't overly impressed.

(I must admit though that it's some time since I looked at that earlier edition. my recollection is that generally the clauses were a bit loosely drafted for my tastes...but at the end of the day they probably did the job)

 

[Ross Sondergeld]

I like the US book... The Ultimate Paper Trail

Reply: 1.2.1.1
From: Ross Sondergeld


HI Nigel,


Subject: Real estate clause book for QLD

You said, "That's right. I haven't seen the latest edition, but I read the
earlier edition. With great respect to Rob Balanda, who is a very
experienced lawyer, I wasn't overly impressed." (I must admit though that
it's some time since I looked at that earlier edition.
my recollection is that generally the clauses were a bit loosely drafted for
my tastes...but at the end of the day they probably did the job)."


But is is the FIRST clause book, Nigel.

Personally, i'd like someone in Australia to write one similiar to....


Frascona, O. & Reece, K. (1995) The ultimate paper trail. The Real Estate
Book - forms, letters, clauses. Real Estate Books. Colorado.

ISBN 0-941937-02-X




P.S. I'm NOT a lawyer. I just collect real estate books.





Ross Sondergeld ~ Buyer Agent

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
" Imagine buying real estate the easy way...
...with a Buyer Agent on your side!!! "

Buyerside Real Estate Mobile 0412 289 464
Office 9b, 34 Glenferrie Drive Office (07) 5562 1555
East Quay Corporate Park Fax (07) 5562 1248
Robina QLD 4226, Gold Coast [email protected]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


_________________________________________________________________
MSN Photos is the easiest way to share and print your photos:
http://photos.msn.com/support/worldwide.aspx

 

[NigelW]

I like the US book... The Ultimate Paper Trail

Reply: 1.2.1.1.1
From: Nigel W


On 5/1/02 2:54:02 PM, Ross Sondergeld wrote:

>But is is the FIRST clause
>book, Nigel.

It must be that they've just changed the cover from red with a picture to green without...because I've definitely read it about june/july 2000... Perhaps its been "relaunched"?!


>Personally, i'd like someone
>in Australia to write one
>similiar to....
>
>
>Frascona, O. & Reece, K.
>(1995) The ultimate paper
>trail. The Real Estate
>Book - forms, letters,
>clauses. Real Estate Books.
>Colorado.
>
>ISBN 0-941937-02-X
>
>
Ross, I'm workin on it!

Cheers