Legal Drafting and Conveyancing Notes

Description

List of Topics Covered 1. Introduction to Conveyancing * Basic Requirements * Formation of Contract * Conveyancing Protocol 2. Pre-Contractual Disclosure * Seller's Disclosure before Contract * Statutory Disclosure Requirements * Drafting - Introduction to Drafting 3. Deposit and Conditions * Deposit and Special Conditions * Drafting - Plain English Drafting and Communicating by Email. 4. Non-Standard Contracts * Instalment Contracts * Drafting - Avoiding Legalese and Jargon. 5. Relationship between Contracting Parties * Equity's role in the transaction, * Risk, * Insurance * Frustration * Drafting - Non-Discriminatory Language. 6. Due Diligence * Seller's Warranties as to Title * Surveying the Property * Encumbrances * Requirements of Authorities * Property Adversely Affected * Drafting - Document Presentation 7. Settlement Figures *Adjustments to Purchase Price 8. Time and Possession *Time of the Essence *Possession of Property 9. Remedies * Contractual * Common Law * Equitable and Statutory Remedies 10. Strata Title Implications * Disclosure * Implied Warranties * Lot Entitlements and Levies 11. Completion of Contract * Government Charges * Settlement Process Resource: Lecture Slides, Textbook (I used - "Sharon Christensen, Bill Dixon, Duncan, Stephen E. Jones, (2016), Land Contracts in Queensland, 4th ed, Federation Press"), Self-study and research through various websites (mainly for case studies and legal definitions of words).