HG News: Commercial Property News - Dec 2008

 


Letter of Offer or Valid Binding Agreement?

In the recent decision by the Supreme Court in Moffatt Property Development Group Pty Ltd v Hedron Park Pty Ltd the Court has determined that a purchaser’s letter of offer to purchase land, constituted a valid and binding agreement.

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Bank Guarantees as Security Under a Lease

Bank Guarantees are a popular and convenient alternative to holding a security deposit during a lease term for many landlords.  However, care must be taken to ensure the Bank Guarantee is effective security and not liable to challenge by either the bank or the tenant upon presentation by the landlord in the event of default.  We recommend that landlords ensure their tenants strictly comply with the following requirements for Bank Guarantees to minimise this risk. 

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Letter of Offer or Valid Binding Agreement?

Bank Guarantees as Security Under a Lease

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