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Recorded Webinars

Recorded Webinar: Navigating Subject to Finance Clauses in Property Contracts (Qld)

Property buyers may try to rely on a subject to finance clause to get out of a contract, but what are the risks? This session will look at tips and traps for both vendors and purchasers in finance approval pre-conditions and how practitioners can advise their clients in the face

Date/Time

About the Webinar

Property buyers may try to rely on a subject to finance clause to get out of a contract, but what are the risks? This session will look at tips and traps for both vendors and purchasers in finance approval pre-conditions and how practitioners can advise their clients in the face of uncertainty and tightening lender requirements, including:

  • Key elements of subject to finance clauses
  • Is the standard contract clause sufficient or should it be tightened?
  • When will a subject to finance clause apply? Mewing v Duncan [2018] QDC 52
  • What are “reasonable steps” to obtain approval?
  • What evidence can the vendor call for from the purchaser about finance approvals and rejections?
  • When can a purchaser terminate? Hauff Anor v Miller [2013] QCA 48
  • What are the procedural steps for notification?
  • Cases including Meehan v Jones (1982) 149 CLR 571
  • Tips for drafting watertight subject to finance clauses
  • Negotiation strategies and alternatives to including subject to finance clauses in a contract

Presented By

Roland Taylor
Director, Statewide

Who Should Attend?

This webinar is suitable for lawyers practising in property law in Queensland. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim 1 CPD unit – substantive law .

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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