Question

Roberto is the registered proprietor of 'Homeland', a large estate on the outskirts of Sydney and within the region where the new aerotropolis is being developed. The NSW Department of Planning has released a strategic plan for public comment regarding the site of the aerotropolis including surrounding land within a radius of 5km. Homeland is located 5.5 km from the site of the new aerotropolis. Homeland has on it a large main residence, with several bedrooms, a garage, and a large shed. Roberto stores all the garden machinery used in the upkeep of the property in the shed including a large drivable lawnmower. The garage is leased out to Jasper, a local wine producer who stores his product there before it is transported to other locations for distribution and sale. Roberto has heard on the grapevine that the government plans to buy up many of the properties around the aerotropolis, so Roberto has decided to sell up as he feels the whole property situation is now quite uncertain in the area. He has put Homeland on the market and instructed his conveyancer to draft a sale contract with a sale price of $4 million and email it to his agent for prospective buyers to review.

Patrice has become aware that Roberto is selling Homeland and has seen the sale price. She has contacted Roberto's agent and was told there is significant interest in the property, and she should decide soon if she wants to buy Homeland. Patrice has the deposit of $400,000 and has approached various banks and made several online applications and is absolutely confident of getting funding approval for the purchase. So, feeling confident, she signs the contract.

The following day Patrice emails the contract to you to review and asks you to act for her in the purchase. When you review the sale contract and the various attachments you notice that 'garden machinery' is listed as an inclusion and the planning certificate contains the following statement 'strategic plan for aerotropolis under consideration'.

Later that day you receive the following SMS from Patrice on your mobile phone,

'Just drove past Homeland on my way to work and saw a truck unloading boxes of wine and storing it in one of the garages and stopped to ask about it. I was told they were leasing the garage from the owner. Also saw Roberto loading the large drivable garden mower onto a trailer and towing it off the property.'

You check the contract and there is nothing about any lease of the garage. When you contact Roberto's conveyancer you are told that Roberto has signed the contract and a copy will be file shared to your nominated cloud storage account.

Patrice has now called saying she wants to pull out of the contract as she hasn't been able to secure finance.

Required

Advise Patrice of her rights and obligations under the contract of sale that she has signed.

Note:

You can assume that the NSW Law Society and REINSW Contract for Sale and Purchase of Land 2019 ed has been used.