For Sellers

The Property Law Act states that all agreements to sell land in Queensland must be in writing. This includes any amendment to the contract; therefore, if you wish to change the finance or settlement date, this needs to be in writing. Normally the solicitors for the buyer and seller simply swap letters. Notwithstanding, these people can still be held liable for verbal representations if the other person acted in reliance upon that representation. We generally recommend that all amendments and representations be confirmed in writing.

This will depend upon whether the dishwasher is fixed permanently to the house or is something which is able to be moved around the house with minimal effort. Under the standard REIQ contract, all objects fixed to the house stay with the house unless specifically stated otherwise in the contract.

The majority of dishwashers today are built into the kitchen in that there is a specific spot in the kitchen underneath the bench where the dishwasher sits. The dishwasher is then connected to the plumbing with the intention that it does not move. The court has ruled that in this situation, the dishwasher stays with the house.

In some of the older houses, the dishwasher is on wheels and is connected up to the taps or otherwise moved out of the way when not in operation. You would be able to take this dishwasher with you. Of course, if you are in any doubt, you or your real estate agent should specify what happens to the dishwasher in the contract.

In the absence of a real estate agent, private negotiations are usually conducted verbally, with offers and counter-offers going back and forth between the buyer and seller. The question often arises as to whether a verbal agreement will create a legally enforceable contract. Unfortunately, if you reach a verbal agreement, you rely wholly on another’s word, leaving the temptation open for them to accept a better offer, commonly referred to as gazumping.