Hi,
I have a friend who has invested in an off the plan development. The developer is running very late (matter of years) and my friend would like to investigate the possibilities to either cancel or renegotiate the contract, by use of the sunset clause which has expired.
Does anyone know a good solicitor, preferably in QLD, who specialises in property. Is this something a typical conveyancor does or is this specialised?
Thanks.
Go back to his original solicitor and get advice?
Nah not the best idea because I have noticed the original solicitor was recommended to him by the agent. Not saying there is anything dodgy going on, but feel he needs advice from someone who is completely independent.
So can any solicitor who specialises in conveyancing be able to do this? My concern with this approach is in my experience most conveyancers use people who are not qualified to do the conveyancing and then they simply sign off on it at the end.
If the sunset clause has expired and there has been no further agreement to extend it, then it should be a relatively straightforward rescission by your friend. Any law firm that has a property division should be able to handle this. I would recommend that your friend engage a solicitor rather than a conveyancer because generally speaking, conveyancers don't know the law particularly well. Call the Law Society and get a referral from them. They won't recommend a particular solicitor, but they should be able to give a list of firms that have property divisions.
Cheers
K
Thanks for the advice Linar. Will do as you suggested.
I have been looking at the wording of the sunset clause and it seems very open ended… is it normal to have the following text which I have highlighted red? (note, blue text is my shortened version of a section which seems fair and I have not included because it is quite long, but the red text seems as though it gives the vendor full control to excercise the sunset clause as they see fit)
If consutruction of the buildingi s delayed by:
<fire, weather, precedings, etc, etc, etc, etc,>
any other cause, matter or thing beyond the control of the vendor;
and the Archtiect
so certifies;
and states in the its certifiecate the period of the delay caused,
The vendor may, by written notice given to the purchaser at any time, extend the sunset clause date by not longer thanthe period of the delay which the archiect has certified.any other cause, matter or thing beyond the control of the vendor;
Wow. Seems someone was asleep when reading the fine print.
Clinton Mohr Lawyers specialises in property law. The principal, Clinton Mohr, is very good. Hope this helps.
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