Victorian Land Contracts

Victorian Land Contracts

By David Lloyd, William Rimmer

Book

$214.01 RRP

Date: 20/10/2020

Code: 9780455500928

Lawbook Co., AUSTRALIA

Available Formats

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Book+eBook Victorian Land Contracts Book+eBook 22/09/2020 42561827 $278.00 Add to cart
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Book Victorian Land Contracts 20/10/2020 9780455500928 $214.01 Add to cart

Description

Victorian Land Contracts guides practitioners advising those who are involved in property transactions through all stages of the contractual process. Commencing with contractual formation and covering formation, pre-conditions, formal requirements and parties, the work will then move to a discussion of vitiating factors including misrepresentation, misleading or deceptive conduct, unconscionability and mistake etc. A detailed coverage of all the Terms of the standard contract will follow and encompass execution of the contract, warning notices, particulars of sale with an in-depth analysis of the 40 General Conditions. Victorian Land Contracts will conclude with post-completion issues including merger, registration of the transfer and other post settlement matters

Table of Contents

CONTENTS

Foreword

Preface

Table of cases

Table of statutes

Part 1 - Introductory

  1. Introduction
  2. Open contracts and standard form contracts
  3. Prescribed contract under the Estate Agents Act 1980and the Law Institute of Victoria/Real Estate Institute of Victoria co-published contract
  4. Construction of contracts generally

Part 2 – Contract formation

  1. Formation of contract
  2. Pre-conditions to formation
  3. Formal requirements for land contracts
  4. Parties to the contract

Part 3 – Vitiating factors

  1. Misrepresentation at common law
  2. Misleading or deceptive conduct under statute
  3. Unconscionability
  4. Mistake & other vitiating factors

Part 4 – Terms of the standard contract

  1. Structure and components of the contract
  2. Operative and signing page
  3. Particulars of sale

General Condition 1 – Electronic signature

General Condition 2 – Liability of signatory

General Condition 3 – Guarantee

General Condition 4 – Nominee

General Condition 5 – Encumbrances

General Condition 6 – Vendor warranties

General Condition 7 – Identity of the land

General Condition 8 – Services

General Condition 9 – Consents

General Condition 10 – Transfer & duty

General Condition 11 – Release of security interest

General Condition 12 – Builder warranty insurance

General Condition 13 – General law land

General Condition 14 – Deposit

General Condition 15 – Deposit bond

General Condition 16 – Bank guarantee

General Condition 17 – Settlement

General Condition 18 – Electronic settlement

General Condition 19 – GST

General Condition 20 – Loan

General Condition 21 – Building report 

General Condition 22 – Pest report

General Condition 23 – Adjustments

General Condition 24 – Foreign resident capital gains withholding

General Condition 25 – GST withholding

General Condition 26 – Time & co-operation

General Condition 27 – Service

General Condition 28 – Notices

General Condition 29 – Inspection

General Condition 30 – Terms contract

General Condition 31 – Loss or damage before settlement

General Condition 32 – Breach

General Condition 33 – Interest

General Condition 34 – Default notice

General Condition 35 – Default not remedied

Part 5 – Off-the-plan sales

  1. Off-the-plan sales

Part 6 – Post completion

  1. Merger
  2. Registration of transfer
  3. Other post settlement issues

Part 7 – Dispute resolution

  1. Summary procedure for dispute resolution

 

Appendix I - Law Institute of Victoria/Real Estate Institute of Victoria copyright Contract of sale of land (August 2019 edition)

Appendix II - Law Institute of Victoria/Real Estate Institute of Victoria Contract of Sale of Real Estate (last revised June 2018)

Appendix III – General conditions comparative table

Appendix IV – Table A of the Seventh Schedule to the Transfer of Land Act 1958

 

 

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