Consumers have a number of rights of termination in relation to unsolicited consumer agreements (arising from telemarketed sales, or door to door sales). An unsolicited consumer agreement is generally (with a number of exceptions) an agreement: For the supply of products or services to a consumer; Where the supplier or salesperson approaches the consumer without […]
On 16 May 2025, QCAT ordered a motor dealership to refund the entirety of the purchase price of a new vehicle which had been bought in June 2022 and “rejected” by the buyer in about January 2024 some 18 months afterward, because – having regard to the various defects in the vehicle – a reasonable […]
Back in 2014, QBM Lawyers successfully applied to dismiss proceedings claiming the clawback (repayment) of over $1M in leasing incentives which were claimed to be repayable because of the termination of the lease. This was in the matter of GWC Property Group Pty Ltd v Higginson [2014] QSC 264 (“the GWC Decision”). Common kinds of […]
In an earlier news article, we discussed the risks of sellers blindly signing agent’s appointments which often incorporate provisions requiring the seller to pay commission on sales which have not settled. The REIQ standard terms for agent’s appointments contain that quite hazardous obligation, together with other provisions which might excite the interest of the seller’s […]
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