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Archive: 2018

  • A Timely Reminder – Disclosure and Representations

    7 March 2018

    The principle of caveat emptor, “Buyer Beware” usually governs all property purchases. However, licensed real estate agents are bound by the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012.Specifically, all licensees are under a positive obligation “not to mislead a customer or client, nor provide false information, nor withhold information that should by law or fairness be provided to a customer or client.”Rule 10.7 states:A licensee is not required to discover hidden or underlying defects in land ...

  • Airbnb

    6 March 2018

    Travellers and tourists looking for an alternative to hotels and motels at high season times when demand is great may be drawn to the online platform of Airbnb to rent a house or a room from private home owners.While there is an opportunity to earn extra income, an owner of property looking to rent out their property as an Airbnb should also consider the myriad of issues that may arise, which includes insurance, tax, and legal implications.InsuranceProperty owners should make ...

  • Leases and Licences over Common Property

    5 March 2018

    A body corporate can lease or licence all or part(s) of the common property to an owner, occupier, or third party for their personal use under section 56 of the Unit Titles Act 2010 (“UTA”). The lease or licence of common property may be granted for any number of purposes, the most common being car parking, storage, signage, or outdoor seating.The legal process for granting a lease or licence over the common property is set out in section 56 of ...

  • Evening out the playing field

    4 March 2018

    Most people aren’t all that interested in reading cases about trust law, but there are some valuable lessons to be learned from situations where things go wrong. Take for example the case of the Clement Family Trust. It clearly shows the difficulties that can arise when sibling beneficiaries cannot agree on how to give effect to the arrangements made by their parents for the protection of the wealth they strived to accumulate over their lifetimes.The facts are relatively straight forward. ...

  • How enforceable are those online “Ts & Cs” we all accept?

    3 March 2018

    We have all done it. You might be purchasing a product online or downloading software for your computer. You come to the end of your online purchase or download, and, without a second thought, you click a box to say you accept the terms and conditions (“Ts & Cs”) of the particular website without reading them first. But, just how enforceable are those Ts & Cs you just blindly accepted?Whenever you click “I accept” to a website’s Ts & Cs, ...

  • Sarah Davis Resigns from Glaister Ennor

    2 March 2018

    It is with regret that we announce Sarah Davis has resigned from Glaister Ennor on 28th February as she, and her family, take the exciting step of relocating to England where her husband is now part of the Ben Ainsley Racing Team.Sarah has been a significant member of our Glaister Ennor team and will be missed by staff and clients alike. She is a highly regarded lawyer in the corporate, commercial and health and safety areas.However partners, Mike Roberton and ...