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Purchasing Property?

Whether you are a first time buyer or already own property, there are always issues that can arise in a property purchase. So what are some of the common issues to be on the lookout for?


Owning and living in a home is very different from investing.  A home owner can be entitled to a transfer duty concession – but only if it’s in their own name.  And land tax can be vastly different between a company owner rather than an individual.  So it’s always best to check with your lawyer and accountant before you buy to ensure that you are using the right entity.


“Pre-approval” of finance does not guarantee you the loan will be approved – it merely confirms that you meet the financial requirements for the repayments.  A valuation of the property is almost always needed so make sure about this before signing up an unconditional contract.


What comes with the house?  Pool equipment? Dishwasher?  Furniture?  Make sure you make clear what you are intending to buy as most items are excluded unless specifically named in the contract.

Special Conditions

Do you need the property to be subject to the sale of your house?  Is there a specific issue you need looked at?  Allow yourself plenty of time to get these clauses drafted if you need them so you don’t miss out.

Consumer Protection

Most residential house contracts will have a 5 day cooling off period – but at a price.  There is a penalty involved in terminating under the cooling off period so don’t assume there will be no responsibility if you change your mind.

Most contracts are “buyer beware” – meaning that you have to carry out all the searches and satisfy yourself before settling, and the contract doesn’t always protect you (i.e. in case of flooding). So doing a little homework on the area is a good thing.  If in doubt, get in contact with on of our expert SPM Law property lawyers.

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COVID -19 Lease Legislation Summary

RETAIL SHOP LEASES AND OTHER COMMERCIAL LEASES (COVID-19 EMERGENCY RESPONSE) REGULATION 2020 (QLD)2020 - SUMMARY OF LEGISLATION Initial Comments On 28 May 2020, the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (Qld) (“the Regulation”) was introduced into Queensland law. Taking a few weeks longer than anticipated, the Regulation went beyond what was expected, or at least what was noted by the Mandatory Code of Conduct. The Regulation has a very tenant favoured basis, and grants some significant powers, even going as far to provide avenues for landlords and tenants to be ordered to pay compensation by the Queensland Civil and Administrative Tribunal (“QCAT”) if their conduct during the COVID-19 pandemic in negotiating rent is deemed unconscionable or is not in good faith.

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