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Complete answer using the IRAC method (including 3 parts: Rules (give legislation and case law here), Application, Conclusion (give advise here)) Advise all parties in

Complete answer using the IRAC method (including 3 parts: Rules (give legislation and case law here), Application, Conclusion (give advise here))

Advise all parties in the above scenario. Use explanations, legislation and case law to support your answers.

(Can use these laws: Australian Consumer Law, Land Act 1994 (Qld), Land Title Act 1994 (Qld), Property Law Act 1974 (Qld), Property Occupations Act 2014 (Qld), etc,...)

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tracts Damon is an agent employed by The Originals Pty Ltd trading as Beachside Real Estate. He recently listed 4 blocks of land adjacent to Coconut Beach. Under his client's instructions (Elena Gilbert) he stated in all marketing advertisements that each parcel ofland has 'your own walkway through the nature skip to the beach'. Damon was under pressure from the client to get the property promoted quickly, so he directed the ofce administrator to publish the advertisement online and put it in the local paper. Damon instructed the administrator to include a disclaimer in very small font stating that prospective buyers should check all details with the local authorities. Damon told the administrator that the disclaimer on the internet would add \"cover" to the agency and was best practice. The internet advertisement also included the following statements and photograph: 4 'the land has access to its own sand dunes via a private walkway...' 'o'ersom 950k...' _ LOCATION sum The nature strip between the beach and the subject land is actually owned by the local council. The council saw the internet advertisement and wrote to The Originals Pty Ltd demanding they immediately withdraw the marketing and rectify information already passed on to any prospective buyer. Furthermore. the beach cannot be seen from the property. However, Caroline had already purchased the property for $1.2 million. The owner had instructed Damon to list each parcel of land for 51 .2M. To finance his new block of land and the construction of her new dream beach house, Caroline takes out two mortgages, one with ANZ Bank for $1 million and a second mortgage with Westpac Bank for $2.00 000 (refer to the Title search excerpt below): 1. Mortgage No. 5372153l'126 ANZ Bank - $1,000,000.00 No further mortgages are listed on the Title. Caroline falls upon hard times nancially and stops making payments to ANZ and Westpac for several months. Elena Gilbert has recently separated from her husband and is currently going through a sticky divorce. After her soon to be ex-husband sees the first parcel of land sell to Elena, he instructs his lawyers to put caveats over the remaining 3 lots whilst their matter pursues in the Family Court. Stephen Salvatore wished to purchase one of the lots but was put off by the caveats and pulled out of negotiations with Damon. ICaroline realises that the land was once used agriculturally and notices a rundown and dilapidated greenhouse on the next block which comes into her land slightly. She is annoyed by this as he cannot have his pool installed where had initially envisaged. When showing another potential biogthe land, Damon left the gate in the temporary fencing surrounding the land open. A 12-year-old boy entered to climb the trees. The sign \"NO ENTRY, PRIVATE PROPERTY" is displayed at the gate. When attempting to climb one of the trees, the boy fell and fractured his wrist and broke an arm. His parents are now threatening to sue the landowner for his medical expenses. Advise all parties in the above scenario. IT... -.._I.._..4:n_.. I....:..I..e.:.._ .._.I n--- I..." 4... ....... ......- _____,,.__

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