News & Articles

New reforms to provide better protection to buyers of off the plan properties

New laws are set to be introduced to Parliament later this year which will offer stronger protections to buyers of off the plan properties and will also offer greater flexibility around electronic agreements and signing digitally.

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E-Conveyancing – what is it?

More and more conveyancing transactions are being completed electronically.

You may have heard people mention that their conveyance is settling in ‘PEXA‘ or that it is an ‘electronic settlement‘. 

What is it? It’s Read more

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Split deposit clauses – enforceable or not?

What happens when less than a 10% deposit is paid on exchange and a purchaser fails to complete the Contract?

Over the years there has been a lot of discussion around this question and it has been seen as Read more

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Benefits of online conveyancing

Online conveyancing is a great way to move quickly on that property you just found and want to buy (and beat other potential buyers) or if you want to sell your property, move quickly on getting the sale process Read more

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Trees – do you need Council approval to cut, trim or remove?

Wondering whether you need Council approval to remove or lop trees?  It depends…..

We have had many a frustrated client come to us to assist them through the different rules surrounding when a tree (or other significant vegetation) Read more

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Conveyancing update: changes to Vendor Disclosure and the Contract for Sale from 1 September

We have seen an incredible amount of change in property law over the past 12 months or so and are about to see some more changes.

Tomorrow (1 September 2017) the Conveyancing (Sale of Land) Regulation 2017  Read more

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Breaking Budget news: savings for first home buyers

The NSW Government has now delivered its budget and confirmed the  housing affordability package disclosed on 1 June designed to assist first home buyers enter the housing market.

In short, under this package, from 1 July 2017 Read more

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Changes to the Foreign Resident Capital Gains Withholding regime

In the 2017 Budget announcement the Government advised of changes to the Foreign Resident Capital Gains Withholding (FRCGW) rate and threshold which will impact property disposals from 1 July 2017.

In short, any Read more

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Encroachments on Property & Boundary Disputes

Boundary disputes or the potential for boundary disputes usually arise when one neighbour re-develops their property, either by a small renovation or something on a bigger scale.  Why does this happen?

The neighbour seeking to carry out Read more

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clicklaw pools newsletter

Swimming pools and certificates of non-compliance

Now that the new disclosure regime for swimming pools is in force when selling and leasing a Property, it is a good time to look at some of the practical impacts of those changes and Read more

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short term holiday

Short term holiday rentals: are they legal?

The recent craze of Airbnb, Stayz and the like does not seem to be slowing down.  As such, many of our clients and friends are looking for a way to capitalise on the short term holiday letting Read more

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Granny Flats: what you need to know

One trend which we are seeing a lot more of is people wanting to build a granny flat on their Property either for additional family accommodation or to generate an income stream.

Granny flats, or Read more

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Leasing back after a Property sale: what you need to know

Vendors often need to lease back the Property that they have just sold.  It is not always a straightforward process between the parties as they have different expectations of how this works in practice. It is essential Read more

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ClickLaw inclusions vs exclusions

Buying a property: inclusions and exclusions

Potential buyers of properties often fall in love with one particular item on a property.  What happens when on moving day they discover that the fountain which was the centrepiece of the front of the Read more

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First home buyers NSW

Are you looking at buying your new – and first – home?  There is so much information floating around re the conveyancing process, Office of State Revenue grants, the increasing price of property it is often hard to Read more

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Off the plan properties: know your warranty and defect periods

Off the plan properties are becoming a very popular choice for many people, particularly first home buyers.

Once the excitement of the property settling passes and all of the new furniture is moved into the property, it is Read more

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Small property size: strict lending criteria may apply

There has been recent publicity around a would-be buyer of a property exchanging contracts for an apartment.  The Bank, prior to settlement, declined to finance the property because it was 47 square metres.  The result? Read more

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It’s a wrap! Summary of key developments in conveyancing and property law in 2016

During 2016 we have seen major changes come into force that significantly affect the way a property transaction is conducted.  For our last blog of the year we provide a recap of those key developments below:

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Strata reform: new model by-laws

In the last of our series on strata reform, we outline some of the key changes to the model by-laws which are to be adopted by all new schemes registered on or after 30 November 2016.

The model by-laws Read more

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Strata reform: tenants and the Owners Corporation

One of the key governance changes introduced under the new strata reforms is that in some schemes, tenants can have a ‘role’ in the management of the Owners Corporation.

Under the new laws, tenants can be appointed to Read more

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Strata reform: property management

Major changes to the management of strata schemes will commence on 30 November 2016. For a general overview of the changes to be introduced, you can read our earlier blog.  This blog is the first in Read more

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Conveyancing: What is a deposit bond?

Purchasers often want to pay the deposit at exchange by way of a deposit bond (or deposit guarantee).  A deposit bond can be useful as it acts as a substitute to cash and is a guarantee of the Read more

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Buying or selling property: the deposit

Many clients who are selling property come to us and ask us whether or not they should accept a 5% deposit (rather than the standard 10%) on exchange of contracts.  Many clients who are buying property  Read more

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Making a splash!  Reminder about swimming pool compliance

As spring has sprung and spring selling season is underway, we’d like to provide a reminder about the new swimming pool compliance regime applicable to both properties for sale and properties for lease.  These changes have Read more

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Damage to a property after exchange and before settlement

What happens when a tree falls in the woods…or on the prize pizza oven in the yard which clinched the sale of a property? Is it the Vendor’s problem or the Purchaser’s problem?

Short answer – it depends Read more

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NSW Conveyancing: The low down on underquoting laws

Since the beginning of this year new laws have been in place around underquoting.  The reforms are designed to stop real estate agents understating prices.

Information for Vendors

Some key points for Vendors:

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Key things to know when selling a property with a tenant – for landlords and tenants!

Special rules are in place to protect tenants living in a property which is sold  by the landlord during a tenancy.

Vendor’s rights and obligations

Landlords/vendors owe particular obligations to a tenant when selling their Property.  The Read more

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Buying a Property: do your due diligence

When buying a property or preparing to bid at auction for a property, it is essential to have the Contract for sale reviewed by a lawyer or licensed conveyancer before exchange.  You can read a bit more about Read more

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Enduring Power of Attorney – NSW

We recently wrote about the importance of a General Power of Attorney.

This blog looks at some of the key features of an Enduring Power of Attorney and builds on our estate planning series.

The main difference Read more

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NSW Purchasers: read on about disclosure of property reports by real estate agents

We have previously written about proposed changes requiring real estate agents to maintain a written record of any report that they are aware of which has been carried out on a property for sale.

The new regulations Read more

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