Have i got a raw deal

Viewing 5 posts - 1 through 5 (of 5 total)

Beltim
Participant
@beltim
Join Date: 2011
Post Count: 2
January 19, 2011 - 9:45 am
Situation = Purchased a block of land for the 1st time
Apparently – in the contract should have had an 88B??? does not exist
Also – land is bushfire prone – highest BAL level = Flame Zone
Conveyancer did not advise this would be a problem when it comes to building – actually didn't mention it at all.
I am now up for a <moderator: delete language> load of costs if i want to build a home & some builders actually won't build on my land at all
Land was actually advertised by the RE as 'Very easy building – build your dream home today'
Does my conveyancer or even the RE have something to answer for or do i just cop it sweet???
Confused
Terryw
Participant
@terryw
Join Date: 2001
Post Count: 16,213
January 19, 2011 - 10:22 am
Conveyancers are not lawyers and so provide only limited legal advice. they just do the conveyance of the property from their name to your name. You should really have used a lawyer to get proper advice. Did you tell them that you wanted to build?
If you have not settled on the property you may be able to terminate the contract if a s88B certificate was not included. If you have settled then it would be too late, but you may be able to take legal action against the conveyancer and/or agent.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email Me
Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Beltim
Participant
@beltim
Join Date: 2011
Post Count: 2
January 19, 2011 - 10:29 am
Property is well passed settlement.
Yes she was well aware that we wanted to build – when someone (i.e. myself & husband) specifically asks on numerous occassions- is there anything about the property that would prevent us from building or is there any issues that would affect building'- then if you had half a brain as a conveyancer would you not notice this?
Terryw
Participant
@terryw
Join Date: 2001
Post Count: 16,213
January 19, 2011 - 10:34 am
better use a solicitor next time.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email Me
Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Scott No Mates
Participant
@scott-no-mates
Join Date: 2005
Post Count: 3,856
January 19, 2011 - 11:42 pm
There is nothing stopping you from building on the block other than you will need to build to meet the requirements of the environment and find a builder who is more interested in meeting the standards than building sausage factory products.