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You can Find Brent Selwyn at the modern new offices of Kannangara Thomson at 575 Wairakei Road, Burnside, Christchurch. Just click on either the firm name or the image below for a link to Google maps to find us. We have lots of parking for clients and Brent will take appointments by arrangement between 8 a.m. and 5.30 p.m. to suit where necessary.
Brent Selwyn has been working in the area of property law since 1989. He has been a self employed lawyer since 1994 and after 26 years with one Christchurch firm, he moved to join the growing firm of Kannangara Thomson as a partner in April 2015. He works extensively in the following areas
Conveyancing Settlement FAQ
The short answer is no. In past we have been asked whether the police can be called in to forcibly eject a vendor and “make them settle”. The only way to make the other party settle is to let them know that all rights available under the contract will be enforced. Bearing in mind that the other party is just as keen to settle as we are, and is probably doing everything they can to make settlement happen, pressuring them may do little more than create resentment.
But doesn’t the contract say that they MUST settle on time?
Yes, the contract does say that the other party must settle on time, and if they could settle on time there is no doubt that they would. But they can’t. This means that the other party is now in breach of the contract, and they are probably very worried about the consequences of their breach.
Can we tell them we’re cancelling the contract?
No, for two reasons. First, you’re probably bluffing, and if they call your bluff you may regret it. Second, you cannot unilaterally end the contract because of a failed settlement unless you had inserted a special condition into the contract allowing you to cancel in the event that settlement failed to take place on the appointed day.
Welcome to my Blog page for this Conveyancing Lawyer site. To read any of my recent posts just click on the link to the right under ‘Recent Posts’ to read the article you are interested in.
There are significant advantages to engaging a conveyancing lawyer as opposed to a conveyancer for the purchase or sale of a property. Conveyancers are not permitted to provide legal advice beyond the most basic parts of a conveyance. If a problem arises, they are unable to advise you further and it will need to be referred to a lawyer, which may end up costing you more. A property lawyer understands the full range of legal issues affecting conveyancing transactions and how it applies to your property sale or purchase. For example, if you are a business purchasing a commercial property, a conveyancing solicitor will understand the GST issues and leasing issues – and be able to advise you in relation to these matters as necessary
Conveyancing Guide – Selling Real Estate
(If at any stage you do not understand any underlined term, please click on the term to see a full explanation. You will also find definitions and explanations for numerous other terms in our comprehensive Real Estate Dictionary).
Compare costs of conveyancing solicitors
Solicitors can carry out conveyancing however they’re also licensed to advise and practice other parts of the law. Conveyancing is best undertaken by specialist conveyancing solicitors or licensed conveyancers who act on behalf of a buyer or seller.
All solicitors in England and Wales need to be registered with the Law Society and regulated by the Solicitors Regulations Authority (SRA) and conveyancers will need to be licensed and regulated by the Council for Licensed Conveyancers (CLC). Scotland and Northern Ireland have their own societies which are the Law Society of Scotland and the Law Society of Northern Ireland.
(If at any stage you do not understand an underlined term, please click on the term to see a full explanation. You will also find definitions and explanations for numerous other terms in our comprehensive Real Estate Dictionary.)
How To Apply For A Variation To The Contract
The vendor is now faced with losses of thousands of dollars because of the likely failure of his purchase settlement on the Thursday. He complains about his solicitor’s handling of the matter in not having the variation dealt with properly. The vendor’s solicitor suggests that the purchaser’s reliance on Section 126 of the Instruments Act 1958 should be disputed in court. It is hoped that the purchaser, fearing the escalation in the dispute and the legal costs and stress associated with a court action, will comply with the vendor’s demand for settlement to take place on the Thursday, or will bear the costs of a postponement until the Monday.
Conveyancing Instructions – Purchasing
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