Assignment First

本篇论文辅导-澳大利亚合同法讲了根据澳大利亚合同法,买卖双方有必要签订合同。合同确保买卖双方都能确保合同条款的可执行性。就转让而言,作为一名有执照的转让人,我有责任通知Pickie先生,他需要签订一项法律协议,他必须在财产进入市场之前准备一份合同。本篇论文辅导文章由澳洲第一论文 Assignment First辅导网整理,供大家参考阅读。

1. Preparation of Contract before Property goes on the Market

According to Australian contract law, it is necessary for the buyer and the seller to enter into a contract. The contract ensures that both buyer and seller of the property will be sure of the enforceable terms of the contract. Now in the case of conveyance, as a licensed conveyancer, it is my duty to inform Mr. Pickie that he needed to enter into a legal agreement and he had to prepare a contract before property to go to the market.

Now Pickie needs to have the contract drawn as it is a NSW rule that any residential property which is offered up for sale must have a proper Contract of Sale prepared. The Contract of Sale must contain copies of the title documents for property, the drainage diagrams, the zoning certificate or the s149 that has been issued for the property by the appropriate council. Depending on the presence of swimming pools and others, there has to be copies of compliance, occupation certifications that are issued within three years, registration for the pool etc. Where Mr. Pickin does not prepare any of these documents, then it could be said that the purchaser of the property will have the rights to rescind sales contract. He can rescind within a time period of fourteen days, the only exception is that settlement should not have occurred before then.

2. Duty of Disclosure

The duty of disclosure has to be complied with and it is the duty of seller to disclose such elements like defects in title, latent encumbrances etc. If there is more than one overriding interest, then it is necessary to have a full disclosure in occupant’s rights. Local land charges for the property will have to be disclosed by the seller. Such matters that are outside the knowledge of the seller will generally not have to be disclosed, as one cannot expect the seller to disclose such information and is usually excluded. Planning restrictions will have to be disclosed as well, and implied warrant in fitness for the property, so as to ensure that it is fit for humans to occupy of extend or any other valid reason that a buyer would be purchasing a property for. Usually to speed up exchanges in contracts, it is now required by law that a section 52A (2) is drawn up where the needed data for disclosure is all drawn up as prescribed documents to the buyer. Schedule 3 with respect to the Conveyancing (Sale of Land) Regulations 2010 is included, too (Module 1-Preparation of Contract).

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