Sellers Beware

  • by
buyers beware

Sellers Beware

There has been a recent District Court case in the District Court at Maroochydore where the buyer of a property brought a claim against the seller for damages for personal injury suffered by the buyer after an inspection of the property.

The property was a rural property on which the seller operated a mobile sawmill.

On an inspection of the property by the buyer, the buyer was in his car and looking out at the property and enjoying the aspect of the property. The buyer had intended to take some photographs and was walking to take the photographs in an area near the mobile sawmill where there was sawdust on the ground and tripped over a stick that was in the sawdust. The buyer sued the seller for damages for personal injuries.

The standard terms of the Contract provide that the property is at the risk of the buyer from the first business day after the date of the contract. The seller claimed that as a risk had passed to the buyer that they did not have any liability. However, the Court ruled that the risk passed only in the real estate and the seller was still liable as lawful occupiers for claims for personal injury.

The Court needed to consider whether the buyer could prove negligence on the part of the seller and after looking at the background of the incident, found that there had been no negligence proved. The Court found that the buyer could not prove any negligence on the part of the seller and commented that the buyer, by failing to keep any lookout in the area – which called for such – was the sole author of his own misfortune.

Whilst the buyer did not succeed in this case because it could not prove negligence, it is a warning to sellers. Even if it is a vacant lot, sellers should still have public liability in place if there are to be inspections by buyers and agents.

 

If you have any queries regarding the above, please do not hesitate to contact us at Big Law Solicitors on 07 3112 7998 or email us at [email protected].

How We Can Help

Big Law Lawyers Strathpine offers you the same comprehensive suite of legal services that you would expect to only find in the city.

We are a successful well-established legal practice based in Strathpine, Brisbane. We have earned a reputation for providing trustworthy, practical legal advice to a diverse range of clients, in both Brisbane and regional Queensland.

Things to Read

Can Step-Children Contest a Will?

It probably comes at no surprise, that in the context of estate administration, people who may be beneficiaries, or those that think they should be, may want to contest the Will. This can often concern step children. In Queensland, this process is often referred to as a family provision claim. To learn more about thisRead More »Can Step-Children Contest a Will?

How can an Executor be removed?

One of the most important aspects of estate planning is of course, making sure you have the right executor. But what happens if things don't work out or circumstances change and you want another executor. In this podcast, Estate Planning Lawyer, Elise Jacques discusses the matter. Elise Jaques Solicitor Make an appointment

What Does the New Property Law Act Mean for Sellers of Property?

In QLD, the Property Law Act 2023 (the Act) passed Parliament on 25 October 2023. The primary objective of the Act is to simplify, streamline and modernise Queensland's property law regime by replacing the Property Law Act 1974 (Qld). But what are the key elements, in particular those that will impact upon sellers of propertyRead More »What Does the New Property Law Act Mean for Sellers of Property?

What is the Process for Removing a Power of Attorney in Queensland

Granting someone power of attorney is a significant legal step, entrusting that person with the authority to make important decisions about your life. However, situations may arise where you find it necessary to revoke this power. For any of a number of reasons, an attorney may not be able to perform their duties adequately, orRead More »What is the Process for Removing a Power of Attorney in Queensland

Podcasts to Listen to

Can Step-Children Contest a Will?

It probably comes at no surprise, that in the context of estate administration, people who may be beneficiaries, or those that think they should be, may want to contest the Will. This can often concern step children. In Queensland, this process is often referred to as a family provision claim. To learn more about thisRead More »Can Step-Children Contest a Will?

How can an Executor be removed?

One of the most important aspects of estate planning is of course, making sure you have the right executor. But what happens if things don't work out or circumstances change and you want another executor. In this podcast, Estate Planning Lawyer, Elise Jacques discusses the matter. Elise Jaques Solicitor Make an appointment

What Does the New Property Law Act Mean for Sellers of Property?

In QLD, the Property Law Act 2023 (the Act) passed Parliament on 25 October 2023. The primary objective of the Act is to simplify, streamline and modernise Queensland's property law regime by replacing the Property Law Act 1974 (Qld). But what are the key elements, in particular those that will impact upon sellers of propertyRead More »What Does the New Property Law Act Mean for Sellers of Property?

Avoiding the Estate Planning Risks When Moving into a Retirement Village

In recent years, there has been an exponential increase in the number of retirement villages being built, and of course, the number of people moving into them. In the context of the legalities, there is often an emphasis on the contractual obligations when buying into such a village. But what about the impact on estateRead More »Avoiding the Estate Planning Risks When Moving into a Retirement Village