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ARTICLE · 29 OCTOBER 2021

But I did not sign anything?

Sajen Legal
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In a digital age, it pays to keep in mind the circumstances to prove an enforceable agreement for the sale of land.

AustraliaReal Estate and Construction
Vincent Berry
Vincent Berry
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Writing Requirements for Contracts for the Sale of Land and the Electronic Transactions Act

Section 59 of the Property Law Act 1974 (Qld) ("Property Law Act") stipulates that a contract for the sale or other disposition of an interest in land must be in writing and signed to be enforceable. Other Australian jurisdictions have similar requirements.

However, in a digital age, circumstances in which the requirements of writing may be satisfied are not as obvious as you may think.

With a property market that is set to remain highly competitive for some time, and an ever-increasing reliance on electronic forms of communication, the risk of disputes, with respect to the enforceability of an agreement for the sale of land, is higher than ever.

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