Question
Fact scenario Robert has contacted you in relation to a house he wants to buy, and he is getting the agent, Alicia from Pennant Hills
Fact scenario
Robert has contacted you in relation to a house he wants to buy, and he is getting the agent, Alicia from Pennant Hills Real Estate to file share the contract with you. Later that day, you check your One Drive and find the e-contract with attachments sent by Alicia from Pennant Hills Real Estate. Robert says he will send though another SMS tomorrow about a couple of things he noticed when he did an inspection with Alicia, where the owner was also present.
On review of the contract, you notice a few matters. First, there is a discrepancy between the title particulars on an Information Notice which has been supplied and those disclosed on the front page of the standard contract of sale 2019 ed. There is an additional numeral in the DP number on the contract. It's fairly minor, so you just make a note to contact the vendor's conveyancer to clarify the situation. You also cannot see a survey plan attached to the contract and make a note to check the website for a digital survey of the property.
The following day you receive a follow up SMS from Robert saying he noticed some cracks in the corners of the walls that seem to have been painted over. When he asked about this, the vendor, Graham said 'well, there's always been a bit of land settling but it's nothing to worry about it.' Robert also noticed an extension at the back which seems to be built right up against the fence with the eaves appearing to hang over the adjoining land. As well, he saw a pile of building materials at the rear of the property.
As you further review the contract later in the day, you remember hearing about an announcement concerning the area where the property is located during the recent local government elections. On reviewing the local council website, you discover a proposal for a road by-pass which will run up close to the rear of property Robert wants to purchase. The website says the proposal is 'under investigation'. However, in scanning the local newspaper online you discover a recent media announcement where the new Mayor has said this project will definitely be fast tracked after the election. However, when you call council to check about this you were told they knew nothing about the new Mayor's media release and suggest it was probably just a wish list by a mayoral candidate.
In the evening you receive a further SMS from Robert saying he did a drive by after the recent storms and noticed several roof tiles had been dislodged and were lying on the front lawn.
Later that week Robert calls saying he still thinks it's a great property and is really keen on it. He knows you will agree. He doesn't want anything to interfere with the purchase and wants a quick transaction. Alicia has told him e-conveyancing speeds everything up and that he should really pay the deposit as soon as possible as there are several other interested buyers.
Required
Draft a formal letter with your profession advice conduct each fact raised from the scenario above to Robert explaining the related property law and conveyancing issues in a way of IRAC that Robert can best and clearly understand.
You are required to refer to relevant conveyancing legislation and case law in providing and explanation of your advice.
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