We have just had the new, 9th edition, REIQ and Queensland Law Society contract released. This is the one that you use when purchasing or selling residential houses or land. Most of the changes are simply minor changes to wording and definitions, nothing to scary. That said, there is one addition that does catch the eye, that is the new Neighbourhood Disputes Resolution Act 2011.
In the new contract, the condition stats “The Seller gives notice to the Buyer in accordance with Section 83 of the Neighbourhood Disputes Resolution Act 2011 that the land” either is or is not affected by an application or an order made by QLD Civil & Administrative Tribunal (QCAT) in relation to a tree on the land. Failure to provide this document prior to the buyer signing the contract gives the buyer the right to terminate the contract prior to settlement.
So what does this mean? How does it affect us? For the majority, this will mean nothing as disputes over trees are few and far between. Generally if a neighbour has an issue with a tree on your property, you talk about it and resolve the issue without getting QCAT involved. If you are Selling (and you have had an argument with your neighbour over a tree), it gives you an incentive to sort out the outstanding dispute prior to selling your home, as this could impact the Sale of the property. If you are buying, it reaffirms that you won’t be lumbered with a grumpy new neighbour over a tree on your new piece of land. For more information on this you can visit www.neighbourhooddisputes.qld.gov.au