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Notice to Buyers of Contamination Listing

Ensure you’re meeting all your legal disclosure obligations when selling your land prior to buyers entering a contract, of listings on environmental registers.

The recent legal case of Albion Mill FCP Pty Ltd & Anor v FKP Commercial Developments Pty Ltd [2018] QCA 229 is a good reminder of the Commercial Law disclosure obligations required to be given by sellers prior to buyers entering a contract, of listings on environmental registers.

Under the environmental protection legislation, owners must give certain information to potential buyers of real estate prior to the buyer entering into the legal contract, including if the land is registered on the Contaminated Land Register or the Environmental Management Register. If they don’t, the buyer will have a right to terminate right up to when they move in or settle. Sellers can fix up their failure to disclose by disclosing once the contract has been signed. However, the buyer can still pull out for the first 21 days after receiving the notice.

Interestingly in the case of Albion Mill FCP Pty Ltd & Anor v FKP Commercial Developments Pty Ltd, the buyer purported to terminate the contract based on the seller’s failure to give disclosure that the land was included on the Environmental Management Register. However, the seller claimed that they had given the written notice by uploading all the documents and details for the environmental listing to an online data room. This online data room contained all the property information which the seller had uploaded for the buyer’s consideration and viewing.

The seller could prove that someone (the buyer or someone acting on behalf of the buyer) had accessed the documents. Therefore, the Court held that the notice had been validly given prior to the buyer entering into the contract.

If you are selling, it is very important that you comply with all your Commercial Law statutory obligations. Otherwise, your buyer may have a ‘get out of jail free card’ after you are counting on them being committed.

Butler McDermott Lawyers Sunshine Coast can help with all your buying and selling needs. Get in touch with our Nambour law firm’s commercial lawyers in Sunshine Coast today for a confidential discussion.

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Peter has been practising as a Nambour Solicitor since 1977 and joined Butler McDermott Lawyers the same year.

With over 40 years practicing as a Sunshine Coast lawyer, Peter has extensive knowledge of various facets of law.

He has practised in all areas of litigation and has special interests in:

  • Criminal law
  • Civil and Commercial litigation
  • Retirement Village matters
  • Sports law
  • Resumption of land and compensation claims

 

Peter has specialised knowledge of and experience with resumption matters as a result of the Traveston Dam project, road corridors, Main Roads and water pipeline. He is renowned for his professional approach and is an experienced and determined advocate.

Brent King

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Brent works as a litigation lawyer, providing litigation legal advice in relation to both civil and criminal law matters, including:
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Having grown up on the Sunshine Coast and joining Butler McDermott after the completion of his studies, Brent appreciates the needs of our clients, and brings a particularly commercial approach to litigation. Brent is a member of the Queensland Law Society and the Sunshine Coast Law Association, and has litigated a wide variety of matters in the Magistrates, District and Supreme Courts.

Al Upton

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After arriving at Butler McDermott Lawyers in 2016, Al quickly progressed to running our Wills and Estates section and has successfully litigated disputes in the Supreme and District Courts of Queensland in the early stages of his career.

In the years that followed Al has now moved to assist our clients with commercial and property matters having achieved positive outcomes in that area as well as general litigation. Al’s experience has him uniquely placed to provide quality advice in the areas of property, commercial, wills and estates and general litigation.

Al is involved in giving back to the community, sitting on the board for the Daniel Morcombe Foundation and Sundale Community Foundation. He otherwise became a director of Butler McDermott Lawyers in November 2021.