Land Law Writing Paper Essay

Land Law Writing Paper

After some negotiating Caitlin Wilson and Matthew Johnston and James and Kelly Collins reach agreement and sign the Agreement. The next day James and Kelly are approached by an immediate neighbour who wishes to undertake an alteration to her house which will significantly reduce daylight to 20b Frazer Place. The alteration cannot take place without the consent of James and Kelly. The neighbour is willing to financially reward James and Kelly in return for them signing the consent documentation.

1. Explain the rights or otherwise of James and Kelly to sign such a document, identifying the relevant clause in the Agreement.

2. If Caitlin and Matthew were now to tell you (remember, that the Agreement is now signed but not unconditional) that they are reconsidering their purchase of 20b Frazer Place and would use the finance clause as an “out” what advice would you give them? Explain to them their rights and obligations and identify the relevant clause in the Agreement and any case law that supports your advice.

3. If a prospective purchaser of Caitlin’s property was to ask the Red Blazer Realty agent “what is the lowest price the vendor will accept” what advice would you give the real estate agent before he or she answered, which entity might he or she be liable to account to, and identify the relevant legislation or delegated legislation.

4. If Wendy’s daughter was interested in buying 20b Frazer Place what are Wendy’s legal obligations in the event that her daughter wished to make an offer to buy? Identify the relevant legislation and explain the consequences of a failure to meet those obligations.

5. If 20b Frazer Place was badly damaged by fire or some other event after unconditional date but before settlement, would Caitlin and Matthew be able to cancel the contract? Identify any relevant clauses in the Agreement.

Land Law Writing Paper Essay

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