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Session1, 1

Unit Summary

Unit type

UG Coursework Unit

Credit points

12

AQF level

7

Level of learning

Intermediate

Former School/College

Former School of Law and Justice

Unit aim

Introduces the practical implications of the conveyancing transaction. Students will cover all areas involved in the preparation and completion of a conveyance of real property and an old system title together with the preparation of leases and mortgages and the execution and registration thereof.

Unit content

Topic 1: Introduction
Topic 2: Formation of land contracts
Topic 3: The subject matter of the sale
Topic 4: The vendor's duty of disclosure
Topic 5: Title defects
Topic 6: Legality of structures and use
Topic 7: The deposit
Topic 8: Position of the parties pending completion
Topic 9: Requisitions and objections
Topic 10: Errors and misdescriptions
Topic 11: Inquiries and affectations
Topic 12: Preparing for settlement
Topic 13: Time
Topic 14: Strata subdivision of land
Topic 15: The revenue implications of land and business transactions

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

GA1: , GA2: , GA3: , GA4: , GA5: , GA6: , GA7:
On completion of this unit, students should be able to: GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 demonstrate an ability to identify the materials necessary for the preparation of a contract for the sale of land under the Torrens system and for the sale of businesses and to comply with the requirements of the relevant legislation relating to these transactions
2 identify and apply an understanding of the various laws (both statutory and case law) applicable to transactions associated with the selling, purchasing, leasing and mortgaging interests in land and businesses
3 draft various special conditions necessary to be able to prepare a contract for the sale of land or businesses so as to meet the various circumstances of these transactions
4 advise clients with respect to transactions involving the sale of land and businesses, including possible conflicts of interest
5 recognise the revenue implications of conveyancing, leasing and the mortgaging of land and the sale of businesses.

On completion of this unit, students should be able to:

  1. demonstrate an ability to identify the materials necessary for the preparation of a contract for the sale of land under the Torrens system and for the sale of businesses and to comply with the requirements of the relevant legislation relating to these transactions
    • GA4:
  2. identify and apply an understanding of the various laws (both statutory and case law) applicable to transactions associated with the selling, purchasing, leasing and mortgaging interests in land and businesses
    • GA1:
  3. draft various special conditions necessary to be able to prepare a contract for the sale of land or businesses so as to meet the various circumstances of these transactions
    • GA4:
  4. advise clients with respect to transactions involving the sale of land and businesses, including possible conflicts of interest
    • GA3:
  5. recognise the revenue implications of conveyancing, leasing and the mortgaging of land and the sale of businesses.
    • GA4:

Prescribed texts

  • Lane, P, Coshott, D & Chapple, S, 2018, Sale of Land in NSW Commentary and Materials, 6th edn, Thomson Reuters, Australia. ISBN: 9780455233703.
Prescribed texts may change in future study periods.