Solicitors Undertakings in Property Matters

Feb 2013 |

Solicitors regularly give undertakings in property transactions for reasons of convenience or to get them across the line.

At TEN's Queensland Property Law Conference, Senior Associate Karen Brown examined the rules on giving undertakings, the risks with current practice and what practitioners should consider when giving them.

  • The background: local and national rules on undertakings.
  • Undertakings given when transfer documents are exchanged - transfer documents held pending settlement.
  • What happens if settlement does not occur.
  • Undertakings to provide original documents where copies only are available.
  • Undertakings to rectify errors in documents to facilitate settlements.
  • Authority of person giving undertakings - eg conveyancing clerks giving them at settlement.
  • Remedies for breach of undertakings.
  • A review of current practice on undertakings - is it safe - should it be changed?

TEN's Queensland Property Law Conference was held at the Stamford Plaza Brisbane on Thursday 21 February to Friday 22 February 2013.

If you would like to request a hardcopy of Karen's paper, please contact us by clicking here.