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Category: Litigation & Dispute Resolution

  • 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 ...

  • 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 ...

  • 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, ...

  • Building Owners and Occupiers- Asbestos Management Obligations |Part 2

    16 February 2018

    This article is a follow on from the article by the same name in our Spring edition, in which we outlined the requirements of the Health and Safety at Work (Asbestos) Regulations 2016 (“Asbestos Regulations”) and specifically the obligations that come into force on 4 April 2018. A copy can be found here.To recap briefly, the Asbestos Regulations set out how to manage asbestos risks. Complying with the Asbestos Regulations is mandatory, and there are hefty penalties for failing to ...

  • Body Corporate Business Update December 2017

    7 December 2017

    NEED A SCHEME?Leaky building? Significant repairs? Large-scale maintenance project?A body corporate facing significant building works to repair building defects and associated damage, or replace building components at the end of their useful life may be able to rely on the default statutory provisions of the Unit Titles Act 2010 (“UTA”) to complete the work. Alternatively, it may be either necessary or desirable to turn to section 74 of the UTA and establish a reinstatement scheme.While the default statutory provisions may ...