USB145 A2_Case Analysis_n11621991

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May 18, 2024

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Weight: 40% Word count (15% +/- allowance): 2, 210 Date: Week 9, 24/09/2023 Type: Individual CASE ANALYSIS USB145 – Property Transactions

UBS145 Case Analysis 1.0 Executive Summary The final report presents rights and obligations to the current owner of 24 James Street, Kenmore. The rights and obligations presented are retrieved from in force legislation and laws that apply in Queensland. More specifically, necessary legislation and law has been incorporated into the report to provide the plaintiff with an accurate understanding of their rights in the property dealings, this includes: - section 59 of the Property Law Act 1974 [n 52] s [59] - Section 18 of Australian Consumer Law [n 56B] s [18] - Australia contract law - Contracts (Rights of Third parties) Act 1999 [n 1] s [1] - Property Agents and Motor Dealers Act 2000 - Land Sales Act 1994 [n 133] s [130] - Property Occupations Act [n 125] s [160] The identification and analysis of cases displayed in high courts have also been retrieved to arrive at accurate legal advice. The cases shown in the report include: - Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] Furthermore, it was discovered through extensive research of the results of similar cases in Queensland and relative legislation and law, that the plaintiff is in a position to adopt mediation. The identification and appointment of this alternative dispute resolution was reached through the analysis of three alternative dispute methods. The analysis of these methods revealed advantages and disadvantages. However, mediation was chosen, as a third party is involved in the creation of a legally binding agreement. Thie involvement of a third party will allow the plaintiff to take the required precautions when the defendants respond to the options discussed. After reviewing the following report, the owner of the residential dwelling at Kenmore will have a clear understanding and perspective of her legal rights and obligations against the five parties involved. 1

UBS145 Case Analysis Table of Contents 1.0 Executive Summary .................................................................................................................... 1 2.0 Introduction ............................................................................................................................... 3 3.0 Part A: Legal Advice ................................................................................................................... 3 3.1 Rights and Obligations to Pete Pickle ..................................................................................... 3 3.2 Rights and Obligations to Jason Bourne ................................................................................. 4 3.3 Rights and Obligations to Brad Pitt ........................................................................................ 4 3.4 Rights and Obligations to Amanda Keating ............................................................................ 4 3.5 Rights and Obligations to Sandra Pickle ................................................................................. 5 4.0 Part B: Benefits and Disadvantages of Resolution methods ....................................................... 5 4.1 Mediation .............................................................................................................................. 6 4.2 Negotiation ............................................................................................................................ 6 4.3 Arbitration ............................................................................................................................. 7 5.0 Part B: Application of Mediation ................................................................................................ 8 6.0 Bibliography ............................................................................................................................... 8 2

UBS145 Case Analysis 2.0 Introduction This report contains legal information relating to the current owner, Elle Woods, of a fictional property situated at 24 James Street, Kenmore. The information provided comprises of legal advice that addresses the owners’ legal rights and obligations in the property transaction. There are several parties involved in the respective transaction. The benefits and disadvantages of mediation, negotiation, and arbitration will also be identified and discussed. This discussion will assist in the appointment of one of the alternative dispute methods to further assist the owner in forming a successful property transaction. 3.0 Part A: Legal Advice 3.1 Rights and Obligations to Pete Pickle Pete Pickle is the current tenant of 24 James Street, Kenmore, and occupies the land through nominal rent on the proviso that he maintains it. Pete has interest in purchasing the residential dwelling and is verbally promised by Elle first right of refusal, at an agreed price of $1, 500, 000. First right of refusal is a contractual right that allows a tenant to transact with the other contracting party before other parties become involved (Chen, J. (n.d.). In this scenario, Elle verbally offers Pete first right of refusal. According to section 59 of the Property Law Act 1974 [n 52] s [59], contracts for the sale of land are not enforceable unless they are produced in writing ( View - Queensland Legislation - Queensland Government . (n.d.). It is also stipulated in this section of the act that no action may be brought upon for the sale or disposition of land unless the contract is signed by a party that is lawfully authorised ( View - Queensland Legislation - Queensland Government . (n.d.). Thus, the agreement between Elle and Pete is not enforceable and can legally be terminated. Pete also becomes involved in the transaction, where he engages with Amanda Keating, an exclusive agent, and inquires about issues regarding site contamination at the subject property. Though, Amanda does not disclose any contamination issues, and redirects the point of discussion. Negligent misrepresentation is the process whereby a real estate agent does not perform due diligence in providing information relevant to real property (Perell, P. M. (1994). Furthermore, agents can be held liable in the tort of negligence if silence constitutes misleading or deceptive conduct. This is revealed in Section 18 of Australian Consumer Law [n 56B] s [18] that states a person must not, in trade or commerce, engage in conduct that is misleading or is likely to mislead or deceive. Elle should also consider if the relevant arsenic contamination issues are publicly registered on the environmental management and contaminated land registers, as in Queensland the doctrine of caveat emptor applies (Gardiner, A. (2021, June 29). 3

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