Hamilton 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.”
The No. 1 ranked University of Wisconsin women’s hockey team (23-2-1, 13-2-1 WCHA) continues a four-game homestand this weekend as the St. Cloud State Huskies (5-18-4, 1-16-1) come to LaBahn Arena. The Badgers head into the weekend having won 23 straight games against the Huskies, one of their best win streaks of all time against a single opponent. Even with this being the case, the Badgers will still have to show up and play hard this weekend as they know they will be getting every opponent’s best shot down the stretch as the current No. 1 team in the national rankings.Women’s Hockey: Badgers nab Border Battle sweep over Minnesota to solidify No. 1 rankingThe No. 1 University of Wisconsin-Madison women’s hockey team (23-2-1, 13-2-1 WCHA) has only spent five weeks of the season Read…Coming into this match up, Wisconsin is averaging 4.7 goals per game, a mark that leads the conference by almost a full goal per game. Meanwhile, St. Cloud State only averages 1.9 goals per game, good for last in the conference. As for individual statistics, Daryl Watts is currently leading the conference with 55 points, while the Huskies leading scorer is Klára Hymlárová with only 19 points.When it comes to goalkeeping, the Badgers also have a slight edge heading into the weekend series with the Huskies. Wisconsin starting goalie Kristen Campbell is coming off a pair of games against Minnesota in which she only surrendered four goals in two games.Women’s Hockey: Badgers advance into 2020 with comparatively dominant recordWisconsin’s women’s hockey team (20-1-1) is setting themselves up for yet another deep postseason run. There is no doubt the Read…This is especially impressive given the fact that the Gophers average just under four goals per game. Campbell’s performance also included a 22 save shutout in Saturday’s contest. Campbell also owns the conference’s best win percentage and second best goals against average, serving as the backbone of a strong Wisconsin defensive core. For the Huskies, starting goalkeeper Emma Polusny has been solid in net, tallying the most total saves in the conference as well as accumulating an impressive 91.7% save rate. Though they have a heavy talent advantage over the Huskies, the Badgers will need to turn in a couple strong performances to sweep the weekend series and continue their conference play dominance as the No. 1 team in the country.Women’s Hockey: Offensive weapons key in No. 1 Badgers’ continuing successThe University of Wisconsin women’s hockey team (18-1-1, 10-1-1 WCHA) is off to another predictably hot start. With little loss Read…There is little doubt that, at least on paper, Wisconsin should continue their dominant run against the Huskies. Yet, the Badgers were already upset once this season by Bemidji State, and any loss to a weaker opponent this late in the season could be detrimental to their national standing.
A Donegal man who was forced to return from Australia to answer an appeal against dangerous driving charges has had his sentence dropped but fined €5,000.Down Under: Glenn AlcornGlen Alcorn, 28, had to appear in person after Judge Keenan Johnson warned his solicitor that her client should turn up in person in court. Alcorn, who lives in Perth, appealed the case to the circuit court in Letterkenny but never turned up himself.On reviewing the case, Judge Johnson described it as one of the worse of dangerous driving he had witnessed and advised Alcorn to come back from Australia with a good wallet of money with him.Alcorn, of Renny, Lettermacaward turned up in court yesterday and told the court he was currently employed in Australia and planned to aply for citizenship there.“I have appealed the sentence. I have applied for residency and it doesn’t look good for my record. I intend to live there for the foreseeable future,” he said.He also produced references in court.The court previously heard that Alcorn was convicted in the district court on four charges of dangerous driving and one charge of failing to stop for Gardai on April 7, 2010.The offences involved Alcorn driving at speeds of up to 160km/hr on rural roads in the townlands of Menagowan, Farrigans, Renny and Toome.He was also convicted of failing to remain at the scene.Gardai had attempted to arrest Alcorn, but couldn’t because he was driving so dangerously and so fast, the Circuit Court heard.He also had a conviction for dangerous driving in 2007. He was disqualified from driving for two years on that occasion.However having listened to the plea, Judge Johnson said he was prepared to remove the suspended sentence and give Alcorn a chance.He fined him a total of €5,000 and gave him 12 months to pay.“I don’t think it would be fair that this hangs over you and I think you have learned your lesson,” he added.MAN WHO RETURNED FROM AUSTRALIA FINED €5,000 FOR DANGEROUS DRIVING was last modified: April 3rd, 2014 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window) Tags:dangerous drivingdonegalGlen Alcornjudge keenan johnsonletterkennyLettermacaward