Split Deposits - Again
Access status:
Open Access
Type
ArticleAuthor/s
Lane, PatriciaAbstract
One of the most effective remedies for vendors on termination for the purchaser's default is to forfeit the 10% deposit paid on exchange. It is not unusual, though, to encounter contracts where the vendor has agreed to accept less than the full 10% on exchange of contracts, and to ...
See moreOne of the most effective remedies for vendors on termination for the purchaser's default is to forfeit the 10% deposit paid on exchange. It is not unusual, though, to encounter contracts where the vendor has agreed to accept less than the full 10% on exchange of contracts, and to defer the payment on the balance of the deposit until the time the contract is completed. In several recent cases the Court of Appeal has considered whether such arrangements permit the vendor to recover the full 10% deposit when the contract is terminated for the purchaser's default. The latest of these is Iannello v Sharpe [2007] NSWCA 61.
See less
See moreOne of the most effective remedies for vendors on termination for the purchaser's default is to forfeit the 10% deposit paid on exchange. It is not unusual, though, to encounter contracts where the vendor has agreed to accept less than the full 10% on exchange of contracts, and to defer the payment on the balance of the deposit until the time the contract is completed. In several recent cases the Court of Appeal has considered whether such arrangements permit the vendor to recover the full 10% deposit when the contract is terminated for the purchaser's default. The latest of these is Iannello v Sharpe [2007] NSWCA 61.
See less
Date
2007Source title
Australian Law JournalVolume
81Publisher
Thomson ReutersLicence
Copyright All Rights ReservedRights statement
This article was published by Thomson Reuters and should be cited as: Lane, P. (2007). Conveyancing and property: Split deposits - again. Australian Law Journal, 81, 439–441. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.auFaculty/School
The University of Sydney Law SchoolShare