All Topics / Legal & Accounting / RESCINDING A CONTRACT

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  • Profile photo of animaranimar
    Participant
    @animar
    Join Date: 2005
    Post Count: 9

    3 years ago I put a deposit on a block of land in Stage 8 (the last stage) in Tarneit, West Melbourne, that was to settle in 4 years. The developer informed me 5 mths ago that Stages 7 and 8 were to be developed before Stages 5 and 6 because of connection of services.

    This has meant that settlement has been brought forward by a year and caught me out with some of my loans fixed until Jan 2012 so not being able to refinance without it costing me $15,000.

    I stand to lose my deposit of $16,500 because of this. The settlement agent rang last Friday to let me know that settlement would now be on 3rd August 2011. I have not received this information in writing (surely that is necessary). I have been trying to find a nominee to take over the contract over the last few months and in discussing these changes with Real Estate agent and builders in the area, they think it sounds a bit dodgy.

    If there is a Property Lawyer out the that knows the procedures in this situation I would welcome your advice.

    Kind Regards
    Anita

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    You should read the whole contract and see if they have complied. They probably notified your lawyer in writing that the settlement is due.

    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

Viewing 2 posts - 1 through 2 (of 2 total)

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