Originally posted by kingpins
Unless a contract has a clause stating otherwise, often discussions and verbal understanding before hand, can actually form part of the contract if there was dispute
ALL property contracts must be in writing so a verbal agreement has no place in law and that law can't be written out
As I said previously even most solicitors do not understand property law so make sure your solicitor knows what he/she is doing
Verbal agreements have no place in law - Now I was not necessary talking about "agreement", but what was the perceived understandings in certain areas, things, that are not necessary mentioned in the contract. The various discussions in the lead up to the contract.
If you say that this is not so, then I have firsthand news for you, it is so and as per three Judges of the Supreme Courts.
And in those cases, it is not writing out the law.
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As for your other post, the person not knowing what they were doing = it was the standard REWA form which the General terms and conditions for sale of land forms part of.
And yes, when you look at all this, it appears the contract if breached as it was, it's over rover, but the other side found a way using Australian law to make a case.
You might be thinking, no, no this can't happen, well,...it did.
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As I said previously even most solicitors do not understand property law so make sure your solicitor knows what he/she is doing
And lets get real, you generally go to a solicitor as your not qualified yourself, so unless your going to become a solicitor yourself, learn it all, prior, you can't make sure of anything in this regard.
