We’ve got a matter where the enemy is questioning the validity of a deed of variation that was signed in 1979 on the basis of an alleged breach of trust! We are about to send them a letter explaining all the reasons: why there was no breach of trust; why the doctrine of laches applies […]
We have had a few clients lately selling on vendor finance. We provide a deed of acknowledgement of debt and guarantee, and where possible, a charge or mortgage over all of the real and personal property owned by the borrower and the guarantors. The former get registered at Landgate. The latter get registered on the
Loan & Security Documents Read More »
I’ve been working on a complicated business sale agreement this week. Among other things: Control of the buying company has to be changed with a change of shareholders and directors. The selling company need to change its name so that the buying company can register a business name similar to the selling company’s original name
Complicated Business Sale Agreement Read More »
Following on from my story about the buyer, a lawyer, who was challenging the validity of a large number of special conditions which he and his wife had initialed, I can report that after a considerable amount of correspondence back and forth, settlement will be occurring tomorrow, within the 3 day grace period, without the
Contract of Sale of Land Disputes Read More »
We received a referral from a settlement agent this week who is acting for a seller. The contract specified various issues with the house, but the buyers initialed clauses that stated that: they had inspected the property; they were exercising their own judgment in deciding to buy; they acknowledged that the garage door was not
Sale of Land Dispute Read More »
We are helping a client who got a little too large too quickly. He has a profitable business, but it has about $1 million in overdue invoices. We are helping to convert that to a debt, payable over time with interest, with security over real property and the company’s assets, but with the security being
Commercial Loans & Security Documentation Read More »
I am working on a sale and purchase of a business. The buyer and seller are business partners. The seller wishes to slow down and act as consultant only for a few years and then retire altogether. They wanted me to act for both parties, but the conflict of interest is too much of a
Sale and Purchase of a Business Read More »
I saw a lovely 79 year old lady on Tuesday. She is moving into a nursing home in Glendalough run the Little Sisters of the Poor. One of the pre-conditions to admission, besides having assets less than $40,000, is that she needed an Enduring Power of Attorney in place. I prepared an enduring power of
Here’s a sad story. We learnt of a young chap last week who is on life support, but more than likely brain dead, so his step-father and partner were going to have to consult with the doctors about turning off the machine. The Guardianship and Administration Act sets out the priority of person who need
Life Support with no Will Read More »
Michael saw an old client this week. He’s had his builder’s ticket for 4 years and is about to start his own building company. He owns a property with his 2 brothers. They are not interested in funding a development, so he is going to finance the demolition of the old house and the construction
Property Development Read More »