We can help you buy or sell a residential or commercial property anywhere in Australia. Leasing contract services included.
ForumLaw provides legal services and contract work for any type of business transaction from business registration to succession matters.
We'll help make your project a success, from setting up & revising contracts and agreements to tracking sales & leases in multiple-strata unit projects online!
Choose a package that suits your needs. We then maintain constant legal watch of your business.
Take control of your assets today. Contact ForumLaw to arrange a new Will or review any existing arragements in place.
Stay in touch with how the law affects you! Subscribe to our
Non-residential purchases of property attract GST and other tax liabilities. Unwary buyers can overlook these additional costs, particularly where the purchase is an “impulse buy” or is the result of a rushed decision or where the purchase is at a public auction, and without time taken to obtain proper and professional advice.
In the recent case of SAMM Property Holdings Pty Ltd v Shayne Properties Pty Ltd  NSWSC 362, the purchaser appointed an agent to bid on the Purchaser’s behalf at the auction of the property. The purchaser instructed the agent to bid to a certain level, the agent placed the bid for a price within the purchaser’s instructions, and the bid was successful.
The vendor claimed that the price was not inclusive of the requisite GST, and the vendor sought the additional amount of the GST from the purchaser. The court considered the conflicting evidence tendered by the parties regarding what was the “clear and common intention” of the parties prior to the auction bid being accepted. It decided in favour of the vendor, in respect of the purchase price being the amount of the purchaser’s bid plus GST. The moral of this story is to be careful in considering contracts for the purchase [and sale] of property and be clear on the terms and conditions which are contained in the contract.