Legal QnA - Property Investment Q&A

• Buyer's indecision is driving me insane

  I’m selling a property and a potential buyer keeps changing his mind. First he tells me he wants to buy, then he says forget it. Then he says he wants to buy again, only to lose interest again. He’s finally on board again, and now we're awaiting settlement day. If he cancels again, how much and how can I claim losses on fees and costs incurred? read more

• The seller passed away, now what?

  A week before we were set to settle on a property, the seller died and my solicitor told me the settlement would be cancelled. We could just walk away, but we considered the sale a done deal and bought materials for a sizeable renovation. What are our options? If we do decide to walk away, how can we speed up the return of our deposit? read more

• Fencing fight with neighbours

  The house next door to our property has been sold and the new owners recently told us they will demolish a garage that makes up part of the barrier between our lots. I have no issue with them doing this, but they want me to pay half the cost of building a new fence where the garage wall now stands. What are my rights if I want to contest this? read more

• Oops, we made a big mistake

  We signed a contract of sale at an auction that was subject to a building inspection. There was no cooling off period, but the contract included a clause saying that it could only be ended if 'major structural defects' were found. But what constitutes a 'major structural defect'? We want to terminate the contract. What are our options? read more

• Change of heart

  Q: I recently decided to purchase a property, but pulled out of the sale when the building report came back. I only alerted my solicitor of this at the last minute on the last day, via email. However, my email account only sent it out the next day. Now my solicitor tells me I am bound to the purchase. Is this true? read more

• Fencing issues on new houses

  Q: I'm buying a turnkey/completed brand new house, with no body corporate complications. The developer of the estate built all the fencing and I’m wondering if it is necessary to do any checks on these boundaries or encroachments – and, if so, is this only possible if we purchase or arrange a boundary survey? read more

• Ownership onto the next generation

  Q: My father owns one-third of a property and wants to transfer his share to his two sons. What steps are required to transfer his share into his sons’ names and what are the fees and costs involved? read more

• The pet dilemma

  Q: I’ve got a Sydney ground floor investment unit which has been happily rented to a young couple for a couple of years. They’ve asked me if they can get a pet: I wouldn’t mind this, as they’re good tenants and I want to encourage them to say for the long term. However, the strata says no to pets. Can I get them to change it? Is it worth the hassle and what would the implications be if I went against the strata? read more

• Who should pay for repairs?

  Q: I recently sold my house and soon received a letter from the buyer complaining about things that aren’t working. The issue is that these things didn’t work well before exchange. Will I still be liable? read more