Posted: September 13th, 2017

Australian Law!)Real Estate Law

Australian Law!)Real Estate Law

Real Estate Law JUST1137

Referencing: Australian Guide to Legal Citation (http://www1.rmit.edu.au/browse;ID=8rwjnkcmfoeez or see attached Deakin-guide-to-AGLC on
the Real Estate Law BB page)
THE HARD COLD FACTS…
Clare is most keen to purchase 52 Smith Street, Preston. She has been eyeing the property for over 2 years and finally, it is up for sale. The auction
is this coming Saturday. She wants to own it. Joe, the real estate agent, has been working hard all week to campaign for the forthcoming auction. He
signed a contract with the vendor that promised Joe a commission of 1.5% of the sale price if the property sold at Auction. Zane is a bit upset that
the property is going for auction as he has been renting 52 Smith Street for 8 years and really feels at home there. Bill, the landlord, told Zane when
he first move in that Zane could stay in the property for “as long as he likes, even 25 years!”. Zane was amused to hear this and knows that Bill is a
bit of a drinker, and always boasts about all. Bill and Zane never signed a tenancy agreement. Zane particularly loves James Street, where his
favourite café is situated as well as a lovely organic supermarket. Over the years, Zane has painted the interior of the house at 52 Smith Street, put
up new blinds (all rooms) and maintained the garden. This work cost him about $8,000 but he never made a claim from the landlord, Bill. Residing
at 52 Smith Street is also Singh who has been there for some 4 years. Zane charges Singh $120 rent per week. There has been no need to sign a sublease
because they are mates who look after each other. Last year, for example, Singh built a wonderful in-ground swimming pool in the backyard
for the two of them. Marcus lives behind 53 Smith Street. Years ago, Bill’s father, Ron (Bill is the current owner of 52 Smith Street) allowed
Marcus to cross freely through 52 Smith Street (over a dedicated pathway that Ron built for Marcus) to be able to reach Marcus’ home. Ron and
Marcus made this agreement over 4 bottles of good red wine. Marcus is worried that the new owner of 52 Smith Street might not allow such access.
Already, Marcus feels that Zane doesn’t like him walking up and down the property and so, for the past year and a half, every day, Marcus has been
crossing over Rina’s property at 18 James Street. Grant is so excited that Bill is finally selling up. Years and years ago, Grant lent Bill $25,000 to