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Legal Tips and Advice from Dott & Crossitt Conveyancers
Jared Zak

Court case reveals new danger with Put & Call Options

Put & Call options are often used by developers purchasing parcels of residential property as a means of delaying stamp duty. We have written previously about some of the risks involved with these structures for vendors. A “put and call option” actually comprises two options: a ‘call option’ conferring to

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Jared Zak

How to make an offer for a property in NSW

In non-auction transactions in New South Wales, it is entirely possible  to make an offer to purchase a property for a given price (either verbally or via an informal written communication) and not necessarily be bound to complete the transaction. In fact, it is recommended to do this. It is

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Jared Zak

Important changes to tax treatment of Discretionary Trusts

On 31 December 2020 new laws will come into effect changing the way surcharge stamp duty and surcharge land tax are applied to real property acquired or held in NSW by ‘discretionary trusts’.  A ‘discretionary trust’ (sometimes referred to as a family trust) is essentially any form of trust where

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Jared Zak

What is Limited Title?

What is Limited Title property? In some relatively rare instances, your solicitor or conveyancer may advise you that the property you are intending to purchase is ‘limited title’. What does this mean? In short, this means that the boundaries of the land have not been verified by the Land Registry.

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Jared Zak

New laws for witnessing documents during COVID-19

A new law has been passed in New South Wales allowing, for a period of time, for documents – including Wills – to be witnessed via video link software such as ‘Zoom’ and ‘Facetime’. The regulation which makes this route available is called the Electronic Transactions Amendment (COVID-19 Witnessing of

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Jared Zak

Can I get out of my contract because of COVID-19?

As the devastating effect of the coronavirus makes it way through our community and economy, some parties to contracts for sale of land have been asking whether an event of this magnitude could be grounds for either party being excused from performing their obligations under the contract. While there are

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Jared Zak

New ‘Off The Plan’ laws to commence soon

On 1 December 2019 new laws will come into force effecting how “off the plan” properties are sold in New South Wales. These changes include introducing a new disclosure statement as well as additional rescission rights for buyers where the final property or lot is not as promised. It also

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Jared Zak

What are ‘Air Rights’?

Donald Trump famously bought the ‘air rights’  around the Tiffany’s flagship store in New York to prevent other developers from building up above it and obscuring the views from Trump Tower. But recently there have been some notable ‘air rights’ transactions in Australia too – and you might be wondering,

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Jared Zak

Should I get a survey done?

A survey is a plan prepared by a Registered Surveyor depicting a parcel of registered land for the purpose of legally identifying its dimensions and boundaries. A survey will also reveal the existence of any easements, covenants or restrictions on land use and identify any encroaching improvements on the land.

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Jared Zak

How to bid at auction

So the million dollar question, how do you bid successfully at auction? A lot of people tell you there is no trick to it, that it’s all about he or she or whoever has the deepest pockets and they’re going to be the ones who are successful in the day.

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