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Property adversely affected

24/8/2017

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In some rare circumstances, if a property is affected as at the contract date because:

a) its present use is not lawful;

b) the land or common property (if the property is within a community titles scheme) is affected by a proposal of a competent                   authority, for example, transport infrastructure;

c) access or any services to the land or common property (if the property is within a community titles scheme) passes unlawfully               through other land;

d) an authority has issued a current notice to treat, or notice of intention to resume the land or common property (if the property is           within a community titles scheme) ;

e) the property is affected by the Queensland Heritage Act 1992 or is included in the World Heritage List;

f) the property is declared acquisition land under the Queensland Reconstruction Authority Act 2011;

g) there is a charge against the land under the Foreign Acquisitions and Takeovers Act 1975;

​and this is not disclosed in the contract by the seller, the proposed buyer may be able to terminate the contract up until settlement. If the proposed buyer does not terminate in accordance with the contract, then the proposed buyer will be treated as having accepted the property subject to these issues.

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