Recorded Webinar: When the Purchaser Doesn’t Complete: The Rights of Purchasers to Terminate or Rescind Contracts (NSW)


Date:  15th February 2018

Duration:  approx. 2 hours

Conveyancing transactions can sometimes go off the rails. In what circumstances can a purchaser validly rescind or terminate a contract? With the property market set to come off the boil, vendors are not taking termination lightly. This session examines the key issues:

  • Purchaser’s ability to rescind:
    • vendor failing to attach s52A documents
    • misrepresentation
    • breach of terms by the vendor – when is it a breach of an essential term?
    • breach of warranties
    • how can a purchaser rescind? - valid rescission notices
    • what is the effect of notice of rescission?
  • Off the plan contracts:
    • variations to the development – when will this create rights to rescind?
    • off the plan sales and the defaulting foreign purchaser
  • In what circumstances will the vendor or purchaser have rights to damages?
  • What happens to the deposit? Relief against forfeiture issues
  • Claims of repudiation
  • Recent cases
Our presenter

Sydney Jacobs, Barrister, Sydney

Sydney read for his LLM at Cambridge and was called to the Bar in 1997.

His commercial equity practice is centred on easement, real property, and construction disputes. Matters that have proceeded to final judgement this year are:  Little v J & K Homes Pty Ltd [2017] NSWCATAP 84,  a successful appeal on a point of law from a decision of a Member of NCAT in a building matter;  Spark Properties Pty Ltd v Christofaro & Ano [2017] NSWSC Equity Proceeding No 2017/064574 , a successful suit for specific performance of a contract for the sale of a development site in circumstances where a developer had obtained development consent. There was also a claim for relief against forfeiture. In Taste of Tuscany Restaurant Pty Limited v Papantoniou [2017] NSWSC 932 Sydney represented four of the six owners of a commercial building in circumstances where ToT alleged there was a lease. ToT's claim was dismissed.

He authors two loose leaf services published by Thomson Reuters, namely: Commercial Damages, and Injunctions: Law and Practice.


This webinar is suitable for lawyers practising in property law in NSW. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email:
Product Code: WBPFEB18
 Price:  $253.00 (Inclusive of GST)
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