Property Law

The Changing Face of Property Law in Queensland:

The Changing Face of Property Law in Queensland:

Earlier this year the Queensland Government repealed the Property Agent and Motor Dealers Act 2000 (“PAMDA”) and brought in the Property Occupations Act 2014 (“Act”) to replace it. This new piece of legislation brings with it a raft of changes to property lawin Queensland, a few of which we have highlighted before. As we edge closer to the time in which it comes into play we thought we would revisit this topic and highlight a few addition changes to the way property is bought and sold and what this will mean to buyers and sellers of residential property.

Property Law Update - Changes to Conveyancing in Queensland:

Property Law Update - Changes to Conveyancing in Queensland:

There are some big changes in store when it comes to property law and conveyancing in Queensland. On top of PEXA, or electronic conveyancing, that is due to commence in the next six months, the Queensland Government has passed new legislation which radically overhauls the way residential properties are bought and sold in Queensland.

Contract of Sale – The Importance of Meeting Your Obligations Under the Contract:

Contract of Sale – The Importance of Meeting Your Obligations Under the Contract:

In Queensland the conveyancing process begins once the Contract of Sale is signed by both parties. The execution of the Contract sets off a series of obligations that each party must meet on certain dates. It is crucial that as a buyer or a seller you meet your obligations by their respective deadlines in order to avoid facing any penalties or the possible termination of the Contract by the other party.

Severing the Co-Ownership of Property – Tenants in Common:

Severing the Co-Ownership of Property – Tenants in Common:

Our previous post on co-ownership introduced the concept and the benefits and pitfalls of owning property with others. As you know there are a several ways in which co-ownership of a property can be extinguished, but this depends on the form in which the co-ownership takes; i.e. do you own the property as, tenants in common, or as joint tenants.

Severing the Co-Ownership of Property - Joint Tenants:

Severing the Co-Ownership of Property - Joint Tenants:

Co-ownership has many benefits, but also some pitfalls, in particular when it comes to the ending of a co-ownership arrangement. There are several ways in which co-ownership can cease, and it very much depends on the form in which the co-ownership takes.

Claiming Beneficial Ownership of a House:

Claiming Beneficial Ownership of a House:

As a parent you always want to assist your children wherever possible and in many cases this involves providing financial assistance to help them get into their first house. It may seem like a no-brainer and the right thing to do by lending money to a loved one, but unfortunately circumstances change and relationships deteriorate.

The Difference Between Joint Tenants and Tenants in Common:

The Difference Between Joint Tenants and Tenants in Common:

Many people don’t realise that when it comes to purchasing a property with another person you can do so in two distinct ways; as joint tenants or as tenants in common. This is a legal distinction that completely changes your rights in relation to the property depending on which method you choose. 

Why You Need a Lawyer for Your Conveyancing:

Why You Need a Lawyer for Your Conveyancing:

Whilst you can self-represent yourself and do your own conveyance, there are a lot of consequences to consider.  Not only that, Queensland conveyancing is legislated by 11 different pieces of legislation in Queensland.  Could you recognize if a contract is legally binding?  Could you determine if any alterations to the property are legal? Your lawyer will not only streamline the process for you, but will also make you aware of all your rights and obligations under the contract, and are there to protect your interests.

Conveyancing in Brisbane - Floodwise Property Report:

Conveyancing in Brisbane - Floodwise Property Report:

Brisbane’s lower lying suburbs, including the city centre itself. This obviously had serious and far reaching consequences for the city’s property market, with many buyers electing not to dip their toe (pardon the pun) into the market and choosing to avoid properties located anywhere near the Brisbane river.