Highlights
Palumberi v Palumberi Contract of Sale of Land In Victoria Case Study
Q1. You are instructed to act as Conveyancer on behalf of a purchaser, Mabel Maplestone (MM), and she shows you the standard form of Contract of Sale of Land in Victoria and it states:
“The vendor agrees to sell and the purchaser agrees to buy the property, being the land and the goods, for the price and on the terms set out in this contract.” AND “Goods sold with the land: light fittings, floor coverings and window coverings, as inspected.”
MM says to you: “I think last time I purchased goods they used to be called chattels. The house I am buying is new, being only 3 years old, and there is a dishwasher there which fits into a specific space in the modern kitchen, but it is only connected by an electric chord to an electric plug. It appears it could be rolled out of the space. I believe it should be included in the goods sold with the land to me. Please advise what should be done to ensure it is included in my purchase of the property. As you can observe neither the vendor nor myself have signed the contract as yet.
Required: Taking into account your study of Palumberi v Palumberi and accept it is a correct statement of the law, please advise Mabel (MM) what amendment should be made to the Contract to give effect to her instructions relating to the dishwasher and set out the reasoning for your advice. (As a guide, your answer should be in the vicinity of 10-15 lines of typing).
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