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Recorded Webinars

Recorded Webinar: Having a Bet Each Way: Drafting and Enforcing Subject to Finance Clauses (Professional Skills)

Rising interest rates and falling house prices means buyers are genuinely nervous when entering the property market. Subject to finance and other conditional clauses in a contract of sale can minimise the risk but how helpful are they in practice and do they provide a false sense
PRESENTED BY Eva Vicic Partner - McCullough Robertson Lawyers , Sydney

Date/Time

About the Webinar

Rising interest rates and falling house prices means buyers are genuinely nervous when entering the property market. Subject to finance and other conditional clauses in a contract of sale can minimise the risk but how helpful are they in practice and do they provide a false sense of comfort to a buyer? This session will help you brush up on your drafting skills and improve your understanding of finance approval pre-conditions, including:

  • Key elements of subject to finance clauses
  • Should a legal practitioner advise their client of the need for a subject to finance clause? Lemongrove Services Pty Ltd v Rilroll Pty Ltd [2019] NSWCA 174
  • Why should a vendor agree to accept a clause and what limitations should they insist on
  • Drafting tips for subject to finance clauses including time limits, notice provisions and purchaser obligations
  • What constitutes “reasonable endeavours” and what proof is required that the obligation has been met?
  • Are any additional special conditions needed to support subject to finance clauses?
  • Negotiation, extension and other options for both vendor and purchaser
  • Consequences of failure to obtain finance and essential steps the purchaser must take to rely on the contract
  • Lessons from cases

Presented By

Eva Vicic
Partner, McCullough Robertson Lawyers Sydney, NSW

Eva has extensive experience in property and real estate law, with a particular focus on all aspects of property development, disposals and acquisitions and complex leasing transactions across all types of real estate assets, including commercial, industrial, mixed use and residential projects, strata and community title.

Eva works with a diverse client base acting for local and overseas developers, government entities, real estate trusts and high net worth individuals.

Who Should Attend?

This webinar is suitable for lawyers practising in property law - Australia wide.

CPD Information

Lawyers can claim 1 CPD unit – Professional Skills.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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