What protections exist under SA law for purchasers of off-the-plan properties if the developer becomes insolvent before completion?
Correct Answer
A) A deposit properly held in trust stays the buyer's money, beyond the developer's creditors
When an off-the-plan deposit is properly held in trust by an agent, conveyancer or lawyer until settlement, it does not form part of the developer's property and is not available to the developer's creditors. The buyer's rights to the deposit then depend on the contract, for example on termination under a sunset clause. For any other loss, the buyer is generally an unsecured creditor.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Consumer Protection Question
Background Knowledge for Consumer Protection
Real World Application in Consumer Protection
Common Mistakes to Avoid on Consumer Protection Questions
Related Topics & Key Terms
Key Terms:
More Consumer Protection Questions
Which authority would typically handle a consumer complaint about misleading advertising by a real estate agent in NSW?
A NSW vendor accepted Priya's offer verbally, and Priya paid an expression of interest deposit and a building and pest report. Before exchange, the vendor signed with another buyer at a higher price. What can Priya recover?
While listing a home, the agent learns that three years ago it was the scene of a manslaughter. The vendor asks the agent not to mention it to buyers unless they ask. What must the agent do?
A property manager is choosing between rental applicants. Which reason for declining an applicant is lawful under NSW anti-discrimination rules?
A property manager scans and stores a colour copy of every rental applicant's passport and driver licence 'just in case'. What does the Fair Trading Commissioner's guidance recommend?
- → A vendor's solicitor adds a special condition saying the purchaser cannot claim damages for any misrepresentation about the land. How effective is that clause in NSW?
- → A landlord tells his property manager to reject every applicant who is pregnant or has young children. The manager says she is only following instructions. What is her legal position?
- → The Australian Consumer Law (ACL), as applied in Queensland, prohibits real estate agents from engaging in:
- → In Queensland, which government body handles consumer complaints about real estate agents?
- → A Queensland real estate agent tells a buyer that a property has been 'fully renovated' when the agent knows the plumbing and electrical work was not completed by licensed tradespeople. This is an example of:
- → Under Queensland law, the cooling-off period for residential property purchases serves to protect consumers by:
- → Under Queensland consumer protection law, 'unconscionable conduct' by a real estate agent may include:
- → A Queensland agent advertises a property at a price well below what the seller has said they will accept, to draw in more buyers. Under consumer protection law, this practice:
- → A Queensland buyer believes they were misled by an agent about a property's features and suffered financial loss. The buyer may seek compensation through:
- → A Queensland real estate agent's licence is suspended for serious misconduct. During the suspension the agent keeps conducting sales through an unregistered assistant. Which of the following is correct?
People Also Study
Property Law & Legislation
110 questions
Agency Practice & Law
138 questions
Contracts & Conveyancing
106 questions
Property Marketing & Sales
129 questions