Who has to pay for any house damage caused by Debbie?

first_imgHamilton Island damage after Cyclone Debbie. Photographer: Liam Kidston.AS the impact of Tropical Cyclone Debbie is felt across North Queensland, many who are in the middle of the sale or purchase of property may be wondering: What happens if the cyclone damages the house? Does the sale still go ahead and who pays for the damage?According to the standard terms of the Real Estate Institute of Queensland Contract of Sale, risk transfers to the buyer at 5pm on the next business day. So, if the contract was signed at 2pm on Monday, March 27, the risk transfers to the buyer at 5pm on Tuesday, March 28. If the contract is signed on a Saturday, the risk is transferred at 5pm on the following Monday. “When we say “risk transfers to the buyer” we mean that risk of damage to the property moves from the seller to the buyer, and thus the responsibility for repairs,” says REIQ Townsville Zone Chair, Damien Keyes.“Having said this, the seller still has an obligation to maintain the property right up until settlement. More from news01:21Buyer demand explodes in Townsville’s 2019 flood-affected suburbs12 Sep 202001:21‘Giant surge’ in new home sales lifts Townsville property market10 Sep 2020“So, as a buyer, when you have been advised that your offer has been accepted and signed by the seller it is prudent to arrange your insurance for the new property immediately. “This is a simple process and can usually be handled over the phone with your insurance company.”But what happens if, after your sale contract has gone unconditional, but not yet settled, and the property becomes severely damaged or destroyed by a cyclone or other disaster? “In very limited circumstances under section 64 of the Property Law Act when a residential property is deemed unfit for human habitation there is a provision to potentially terminate the sale contract,” Mr Keyes said.“The buyer must give the appropriate notice to the seller and can potentially do so without penalty and may have all deposits refunded. Be aware, however, that these circumstances are extremely rare. “There is no automatic right to pull out of a contract because the property is damaged or affected by flooding or cyclone after the contract is entered into. “Given the legal complexities involved, buyers and sellers should seek legal advice to determine their rights and responsibilities. “In the event the property is damaged and not destroyed and the buyer elects to proceed with the sale it may delay settlement occurring in the previously agreed time frame while the buyer’s insurers assess the claim and then carry out the repairs, or the parties may agree to settle and carry out the repairs after the fact.”last_img read more

UW, UT face off on New Year’s

first_imgHenry’s status uncertain According to a team source, Henry was injured duringpractice Sunday and has not practiced since. Henry has also reportedly been seenusing crutches to get around campus in the days since.A team spokesman said Wednesday UW head coach Bret Bielemahad no comment on the matter, and Bielema is not scheduled to speak with thepress again until Friday.A potential loss of Henry would be bad news for analready-depleted Wisconsin secondary. Henry had taken over starting duties fromAllen Langford, who suffered a season-ending knee injury in the team’sthird-to-last regular season game. It would be especially damaging considering Tennessee quarterbackErik Ainge was the SEC’s second-leading passer this season, throwing for 3,157yards and 29 touchdowns. Senior Ben Strickland or junior Josh Nettles would be themost likely candidates to replace Henry. — Ben Voelkelcontributed to this report. JEFF SCHORFHEIDE/Herald photoWhile it isn’t the bowl game some thought Wisconsin might becompeting in after entering the season with the No. 7 ranking in hand, theOutback Bowl marks the fourth consecutive year the Badgers will play on NewYear’s Day.That’s something UW head coach Bret Bielema says the programcan take pride in. “What we want to do is play Jan. 1,” Bielema said. “I thinkit’s a great stat that we’re one of three teams in the country to play on Jan.1 for the last four years — USC and West Virginia, I think [are the other two].It speaks for itself when you have that type of exposure and that type ofprogram.”On Jan. 1, Wisconsin (9-3, 5-3 Big Ten) will attempt to endits season on a high note when it takes on Tennessee (9-4, 6-2 SEC). But itmust do so without the services of starting running back P.J. Hill, who is setto miss his second consecutive game and third overall with a nagging lower leftleg injury. Freshman Zach Brown, as was the case to conclude the year,will get the start, with sophomore Lance Smith serving as his backup. For thelatter, the Outback Bowl serves as the first opportunity he can travel with theteam this year after a suspension prevented him from partaking in any Badgerroad games during the regular season. Per the norm, the Badgers will look to set the pace of thegame with Brown, Smith and their ground attack on offense. The Volunteers willcounter with a potent passing attack, led by play-caller Erik Ainge. The seniorhas thrown for 3,157 yards and 29 touchdowns already this year and is dangerouswith the football. “I realize they have very gifted athletes,” Bielema said.”The quarterback Ainge is very gifted.”Ainge will certainly provide a different look from therun-oriented Razorback offense that the Badgers faced last year in their datewith New Year’s Day at the Capital One Bowl. Or even what they faced thisseason in a run-heavy Big Ten.”Arkansas was a dramatically different bird because theirbest players were the running backs; the quarterbacks were kind of subbing inand out,” Bielema said. “Obviously because of Ainge and what he’s able to dowith the throwing game, it’s a little different there.” Still, the Volunteers have a capable back in junior ArianFoster. The hard runner has 1,162 yards and 12 touchdowns this season. The allure of the Outback Bowl is that it pits the Big Tenversus the SEC. Bielema, however, approaches the conference clash as he wouldany other game. “I don’t really see a conference, I see an opponent,”Bielema said. “People are going to make an issue of the SEC versus the Big Ten.We’re only playing Tennessee. We’re not playing Auburn, we’re not playingGeorgia, we’re not playing LSU or anybody else.” The Badgers may not have met preseason expectations, thatmuch is true. But from Bielema’s standpoint, to have finished where the teamdid and earn another Jan. 1 bowl berth given all that it has endured this year,is worth something. “This season showed me probably more than anything how wellthey believed in ‘the next man in’ and the ability to do the job,” Bielemasaid. last_img read more