Question
Martin makes a will. He leaves his son Peter the sum of $800,000.00 and leaves his daughter Felicity his apartment in Chippendale. He dies. After
Martin makes a will. He leaves his son Peter the sum of $800,000.00 and leaves his daughter Felicity his apartment in Chippendale. He dies. After Martin's death, Peter purchases a rundown townhouse in Darlington. Felicity arranges to have her name registered on the title over the Chippendale property. Felicity becomes the registered proprietor of the Chippendale apartment. Peter sets out to repair the Darlington property. Since he spent all his inheritance on the purchase of the property he needs to borrow money from the bank in the form of a small personal loan. To finance the loan he intends to rent out the Darlington property and plans to move to the country to stay with a cousin to work on his farm. Peter enters into an oral lease with Theo at market rent for two years with an option to renew for a further one year. Theo moves in. Eighteen months later, Peter decides to sell the Darlington property and advertises the sale online. Beth, despite being in Tamworth, sees the online listing and makes an offer. Peter accepts. Contracts are exchanged and Beth pays a 20% deposit. On the day of settlement Peter tells Beth that he is still waiting for the Certificate of Title from the bank and should have it shortly. Beth hands Peter a cheque for the balance of the purchase price. She does not check the register for any encumbrances or lodge a caveat. Settlement is rescheduled for the following fortnight. Unbeknownst to Beth, Peter had the Certificate of Title the entire time and had received another and better offer from Hailey. Contracts are exchanged the following week and Hailey pays a 10% deposit. Settlement is set down for four weeks' time. Peter then enters into a third contract with Charmaine. Charmaine is Hailey's best friend. At brunch the following week both Hailey and Charmaine talk excitedly about their upcoming settlements. It doesn't take them long to work out they are talking about the same property. Charmaine tells Hailey not to worry about it and that she will "sort it out". After they part, Charmaine hurriedly phones Peter and arranges to have settlement brought forward. They settle. Charmaine immediately proceeds to register her interest. Advise Charmaine, Hailey, Beth and Theo.
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