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Ted Vlahos2018-06-15T01:04:34+00:00

The sun is setting on delay tactics adopted by property developers in off the plan sales

Property developers engineering development delays and relying on developer friendly “sunset clauses” in off the plan contracts of sale contracts (OTP Contracts) to terminate those contracts and re-sell for higher prices are being targeted by the Andrews Labor Government through proposed new legislation. The Sale [...]

September 17th, 2018|Categories: Property|Tags: , , |

Assignment of lease of commercial premises: To consent or not to consent … That is the question, if you’re a landlord

A recent VCAT decision narrows the circumstances in which a landlord can withhold consent to an assignment of lease. This case, AVC Operations Pty Ltd v Teley Pty Ltd (Building and Property) [2018] VCAT 931, concerned a landlord’s decision to withhold consent to an assignment of [...]

August 29th, 2018|Categories: Property|Tags: , |

Victoria’s real estate industry thrown into chaos after Court denies estate agent’s right to receive commission – Floodgates open for claims by vendors/developers seeking to recover commission paid

A recent decision of the Victorian Court of Appeal in Advisory Services Pty Ltd (trading as Ray White St. Albans) v Augustin & Anor [2018] VSCA 95 (Advisory Services) is sure to strike fear in the heart of estate agents, particularly those acting for developers. [...]

May 31st, 2018|Categories: Property|Tags: , |

Don’t get caught out – Be aware of what constitutes a “terms contract” when selling an interest in land

When parties negotiate settlement terms of a contract of sale of real estate, particularly when it is a long term settlement, they can inadvertently structure the terms of the transaction in a way where the contract is deemed to be a ‘terms contract’ under the Sale of Land Act 1962 [...]

May 9th, 2018|Categories: Property|Tags: , , |

New GST Rules Affecting Property Transactions – ATO cracking down on developers who avoid paying GST

How these new obligations will affect both developers and purchasers Treasury has released draft legislation which proposes a new process for the remittance of GST to the ATO for property transactions that relate to the supply of “new residential premises”. Why the Changes The purpose [...]

January 18th, 2018|Categories: Property|Tags: , , |

Vendors Beware – Purchasers Of Australian Property Worth $750,000 Or More May Now Be Required To Withhold 12.5 Per Cent Of Purchase Price At Settlement

If you are a vendor or purchaser of an Australian property with a market value of $750,000 or more, the Government’s recent reforms to improve housing affordability may directly affect you. The Government announced, as part of the 2017-18 Budget, that purchasers of certain taxable [...]

July 2nd, 2017|Categories: Property|Tags: , |

From 1 July 2017 stamp duty will be payable on certain transfers between spouses and domestic partners

The stamp duty exemption on transfers of property is about to change. The Victoria Government pursuant to its 2017 Budget and the introduction of the State Taxation Acts Amendment Bill 2017[1] (the Bill) intends to withdraw the exemption for payment of stamp duty between spouses [...]

May 24th, 2017|Categories: Property|Tags: , |

Managing Settlement Risk

Ted Vlahos, Director at Pointon Partners, writes about managing settlement risk in high-volume, off-the-plan transactions in the current property development market. This article was recently published on page 6 in Marshall White's newsletter. MW Project Market Newsletter_E10_V9_LR_SPREADS Authors [...]

April 7th, 2017|Categories: Property|Tags: |