Categories for Disputes

Looking to Buy a house- consider pre-contract Building Inspection before sign on the line

23/3/2023
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Under the current normal Buying a property process in WA, a buyer will sign a contract -also known as an Offer and Acceptance (O&A) to buy a House, Land, or Strata lot, and they may include as a condition their desire for a Building Inspection or Survey done, usually at their own cost, after it goes unconditional. The standard REIWA annexure if included in the negotiation of the O&A allows for a Pre-purchase Building Inspection. However, it is usually limited...

Open Letter to Listing Agents- Tips for a Smooth Sailing contract.

16/3/2023
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WITHOUT PREJUIDICE;To whom it may concern ON THE PATH TO EXCELLENCE; This is an open letter to EVERY SINGLE LISTING REAL ESTATE AGENT to PLEASE just get a Building &/Timber Inspections completed at the time of listing a property, so then a Buyer can be provided said reports BEFORE putting in an offer so they are fully aware of what they are buying and then ZERO contracts would be conditional upon having those weird Inspectors from other states where the...

COVID annexure or variation

1/2/2021
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During the uncertainty of COVID lockdown, REIWA has a COVID annexure to cover the most limited initial COVID Events. This may be added as an “Annexure” to contract before it is accepted, but after acceptance, it would need to be signed by all parties of the contract as a “Variation” ie Seller & Buyer of Property Address, Contract Dated DD/MM/YYYY agree to vary the contract by incorporating the labeled COVID Annexure Z; Signed & Dated: Seller X Buyer Y. Feel...

Proceeds payment directions by executors.

6/7/2017
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ExecutorsBy Mr Matthew Ellis – Director MGB Legal“Recently, the question has been raised about payments made to executors of deceased estates. More specifically, the question was raised about whether it is acceptable to make a payment of the proceeds of settlement directly to the executor, as opposed to an account in the name of the deceased’s estate. Obviously, you have to take your client’s instructions as to how to make payment of cheques, but there is some danger in allowing...

What do I do: Issues discovered at final inspection?

23/5/2017
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Immanent Settlement; Have you discovered an issue, like damage or some defect that IS covered under your contract at the final inspection?After recommending Legal Advice (since we are not lawyers). Often the quickest & cleanest way forward with a pending settlement is to arrange a “Payment in lieu” variation. Something along the lines of; “Seller:Buyer:Property address:Contract dated:______________________________________________________ The Seller and Buyer AGREE to vary the Contract as follows:- The Buyer accepts the listed item(s) {list or see attached} as discovered...