Book Review > Clauses made simple, 3rd edition

“Clauses Made Simple” Third Edition is described on the cover as a “must have” for anyone involved in real estate.

One often looks at abbreviated comments by reviewers with some scepticism, especially when the comments are displayed on the cover of the book.

However, in this case, put your scepticism aside, and, if you have interest or deal in real estate, embrace the book

Written by author Robert Balanda, a partner in the law practice of MBA Lawyers, based at Varsity Lakes in South East Queensland, the book is an excellent reference tool, a source not only of excellent clauses which may be copied into contracts, but also it serves as a checklist and a thought provoking negotiation tool, giving the layman the ability to raise a wide variety of issues relating to a purchase or sale before the contracts are drafted, and well before they are signed.

The reviewer has been involved in real estate transactions for over forty years, and the experience of that time clarifies for the reviewer how useful this book could have been over those years.

It should be in every real estate agent’s office, every investors office, and, frankly, in the office of many smaller practitioners acting for and on behalf of clients in transactions in which they have had little or in some cases no previous experience.

So many times I have seen vendors, purchasers, and lessees not fully advised by their legal consultants, and the clauses and checklists provided in or which may be derived from this book would be invaluable not only to the client, but in some cases the practitioners also.

There are approximately 400 pro forma clauses in the book, intertwined with some interesting narrative, and a quirky sense of humour at times shines through. Chapters are generally commenced with a cartoon, which puts a little levity into what could be a dry book.

A weakness may be that the book does not deal with either residential of commercial leasing, but the many strengths are the coverage of topics such as vendor finance, deposits and commission, guarantees, Councils and approvals, leases and tenancies, house and land packages, unregistered land and deceased estate sales, inspections and building matters, trades, mortgagee sales, body corporate matters, surveys and soil tests, off the plan purchases, and many very good general clauses.

In the commercial section of the book coverage is given to deposits and commissions, leases and licences, stock plant and equipment, hotels and motels, liquor licences, employees, franchise matters, councils and approvals, management rights, video stores, real estate business and rent rolls, newsagencies, restraint of trade, GST, service stations, and again, many excellent general clauses.

I strongly recommend this book to any purchaser or vendor of real estate or a business, and worthy of reading before preparing to purchase or sell real property or a business.

John Matthews is a member of the AIA.