subject: Learn About Recent Changes In Conveyancing Contracts [print this page] When everyday people are informed about changes and revisions to conveyancing contracts, they often scratch their heads. After all, why all the fuss about definitions and other small points? The fact is, these changes are highly important and can have a major impact on the process. Learn more below.
Notable Changes to the Contract for Residential Lots in a Community Titles Scheme Version 3 -
Even if you have an experienced conveyancing professional who handles all of your contracts for you, it still pays to understand what is going on with them. Being completely ignorant of what a contract entails could derail your success as a property investor. It could also cause you to run into trouble when buying or selling property. The recent changes primarily affected the Contract for Residential Lots in a Community Titles Scheme Version 3; some of the most important changes are explained below.
Place of Settlement - When used here, "Brisbane" refers to "Brisbane CBD." If settlement is going to happen outside Brisbane CBD, it needs to be explicitly noted in the Reference Schedule.
Clause 1 - A few definitions have been added or changed. "Court," for instance, includes a tribunal that's been established under statute. "Bond" refers to a bond under the Residential Tenancies and Rooming Accommodation Act 2008. A few important changes have been made regarding the term "Essential Term," as well; check the latest version of the Contract for Residential Lots in a Community Titles Scheme Version 3 for more information.
Clause 3 - When a buyer sends a seller a notice about lack of finance approval, the buyer must also inform the seller that the contract has been effectively terminated.
Clause 4 - Specific results must be noted regarding a building or pest inspection report. A buyer has until 5pm on the date of an inspection to notify that a satisfactory inspector's report has not been received; otherwise, he must note that this clause has been waived by the buyer.
Clause 9 - Rights for both the buyer and the seller in the event of a default are now outlined in clause 9. Previously, the rights of a buyer were completely omitted. It is hoped that this new revision will balance things out a little.
Clause 10.8 - In the event an offending term is found within the contract, if may now be served from it without voiding of the remaining parts of the contract. This should speed the process up and streamline things quite a lot. These changes should all go into effect on 1 July 2010.
