Description:
Navigating Option Agreements:
Presented by Tony Cahill
Options Agreements have been a powerful tool in property transactions in recent times, but they come with unique and increasing complexities involving numerous legal implications for the unwary.
In this session Tony Cahill will delve into these complexities and the traps they can present including:
- The nature of options
- Conditional Contract vs. Irrevocable Offer
- Use of Options in residential property transactions both past and present
- The impact of changing complexities of duties assessment
- The rise (& fall?) of Put & Call Options
- a look at some key caselaw including:
- Evolution Living Property Management Pty Ltd v CSP Australia Pty Ltd [2010] NSWSC 65
- BP7 Pty Ltd v Gavancorp Pty Ltd [2021] NSWSC 265
- An overview of the new Conveyancing and Real Property Amendment Bill 2025 currently before Parliament, including provisions for extended disclosure obligations for vendors in Option agreements.
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