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Trade Secrets

Aboriginal Heritage Act 2021-New laws to take effect from 1 July 2023

26/6/2023
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The implementation of laws with respects to Aboriginal Heritage Act 2021 across WA in the coming weeks has highlighted disclosure concerns for the conveyancing industry which was raised by the AICWA back in 2022 following enquiries from members. The expectation of the Act is that current land owners and prospective buyers will need to carry out their own due diligence to determine their proximity to an Aboriginal heritage site before undertaking certain activities relating to moderate to high ground disturbing...

WA Duplicate Certificate of Title gets expiry date.

10/5/2023
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As advised in CIB 392 on 22 November 2022, Duplicate Certificates of Title (Duplicate Titles) will no longer be used from August 2023. On 7 August 2023, Duplicate Titles will be removed from the land conveyancing process in Western Australia. This is part of the changes made by the Transfer of Land Amendment Act 2022 and aligns WA with ongoing advancements in electronic conveyancing around Australia. Please note that current registration requirements continue to apply for all documents lodged until the changes take effect....

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...

Author, Damien McDonnell

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Damien McDonnell betrothed to my first true love & father to 5 fantastic little persons and one food obsessed beagle.

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