Business Law, Corporate Law, Property Law : Australian National university -Australia . Could you please explain below Case Scenario:

-Harry purchased land with improvements in Melbourne. The one page Section 32 Statement had attached to it a title search which had been conducted 18 months earlier, a 12 months old Municipal rate notice (not a land information certificate) and nothing else. What should you do? Do you consider any section of S. 32 of the Sale of Land Act 1962 would apply?

Answer:

-If Harry and Sam conducted an inspection of the property the day before settlement and discovered that the concrete bird bath and its stand were missing from the rear garden, explain if such a breach of contract would entitle them to refuse to settle, if the contract was silent on this point?

-William sold a leasehold estate to Rod for a consideration of $220,000. William knew that Rod intended to use the leasehold for a restaurant, which strictly required use of the 20 car parking spaces on the title. One month before settlement William received a letter from the municipality advising that the municipality and Vic Roads intended to compulsory acquire some of William's land for an approved road-widening scheme, which would remove the entire car park. With respect to William, does caveat emptor apply in the light of the information? Give reasons.

-Sam signed an unconditional contract of sale to purchase Blueacre. A term of the contract specifically stated that the purchaser "shall accept all risks associated with the land sold on the signing hereof'. The vendor was in occupation of the land. Due to an electrical fault, the premises on the land caught fire and were destroyed, including the vendor's large indoor marijuana crop. The vendor's insurer investigated the cause of the fire, along with police and fire brigade investigators, after the vendor claimed on his insurance policy. Sam, who had fallen in love with the land, wishes to complete the purchase, but only if he may take advantage of the vendor's insurance policy. With reference to the Sale of Land Act 1962, advise Sam.

-Sue and Sal are the joint tenants (proprietors) of the legal estate in fee simple in Quietacre. Sue has just discovered her Will, in respect of her estate in Quietacre, will be inoperative. She wishes to leave all her estate to Harry upon her death. Sal has no objection to cooperating with Sue.

Is the new Transfer subject to stamp duty?

-Harry saw an advertisement for an apartment for sale "off the plan" with "massive stamp duty savings". On Saturday Harry signed a Section 32 disclosure statement and a contract of sale, and paid5% deposit. On Wednesday following, Harry appointed you as his conveyancer. Special Condition 100 of the contract required Harry to pay "up to 10% of additional construction costs if the construction was over the building budget." The budget was not disclosed. Harry, dismayed, wished he had never signed. Advice

-Bart Simpson is selling his farm of two titles (one old title and one torrents title) and the parties have agreed the vendor will provide two Transfer of land Act Titles. However, the new purchaser does not want to pay GST and keep stamp duty to a minimum. What would you advise?