Reference no: EM133101818
1. A vendor of land sold the property twice to different purchasers. The first purchaser, therefore, has an equitable interest in the land. The second purchaser, however, quickly settles the transaction and registers their 'net interest', even though they had heard from another person of the possible first sale. Who has the greater right? Why?
2. .Patrick and Anna are cruising one fine Saturday when they spot their ideal mansion for sale. They place a deposit and sign a contract for $2 million. All the way home, they make plans about renovations and additions. Their biggest plan is to add a top storey to the existing two-storey dwelling, to take in spectacular views over the nearby mountains. Their conveyancer rings them urgently the next week to advise that there is a restriction on the building dating back one hundred years, limiting it to two storeys. The surrounding land has since been developed into one-acre lots with complete and well-spaced housing.
What can they do? Are they bound to accept this restriction? Explain in full.
3. What would you do if you found a conflict of interest with a client? What is the policy at your organization?
4.Damion inspected a municipal property advertised for sale in Melbourne.
The property was vacant. Damion made an offer to purchase the land. His offer was verbally accepted. When Damion attended at the vendor's Agent's premises to sign the Contract of Sale and pay 10% deposit, Damion requested (before signing) that an old rusted car in the rear yard of the premises be removed before settlement. The Agent declined to consent, explaining to Damion that the vendor was overseas and Damion should approach the vendor when the vendor returned, which would be about 14 days before settlement. So Damion signed the contract and paid the deposit.
About 14 days before settlement Damion arranged to meet - and met - the vendor and requested that the old car be removed. The obliging vendor promised Damion that the old car would not only be removed, but the rear yard would be "cleaned up as well" before settlement. Hours before settlement Damion discovered the vendor had broken his promise. Damion now does not want to settle. Advise Damion, assuming that a quotation for the cost of the car removal would be $1,000 and the general clean up would be $2,000.