It has long been a debated topic whether or not estate agents are legally permitted to draft special conditions for a Contract of Sale. This is a matter that should not be taken lightly, particularly given that the maximum penalty for contravening the law is two years imprisonment.
MST Lawyers was honoured and delighted to receive this year’s Supplier of the Year Award at the MYOB FCA Excellence in Franchising Awards on 10 October 2017. The Award recognises supplier excellence in contributing to the franchising sector and helping franchising clients achieve their goals.
After entering into a lease contract for a cold storage facility in 2012, a dispute arose between the tenant and the landlord. The issue was whether or not the lease was considered to be a “retail lease” based on the permitted use. Initially, the facility was found not to be a retail premises. This decision was overturned and then revisited on appeal. We review the decision handed down on appeal and the implications for tenants and landlords.
Earlier this year, the NSW parliament passed legislation to change the Retail Leases Act 1994. The updated legislation will take effect on 1 July 2017 and will introduce significant reforms to the Retail Leases Act that will affect landlords and tenants of retail premises in NSW.