I hope some one can give me some advice.
I exchanged on friday. Yesterday I visited my flat t find that the flat has been completely gutted by the buyers workmen.
I had allowedo a keyundertaking drafted by my Soliicitos allowd the buyer to repair specifict cracks outside the building and one in the kitchen.
Is there anything I can do about this.You are the seller and have received your money? Why do you care what the buyer does after settlement?
The completion date is in Septemer. So no I have notreceive the full money for my flat….yet
Once its his he can do what he wantIf he wants to continue, he needs to complete settlement. Change the locks and get your solicitor to talk to his. See what your solicitor says, but I would send him a bill for the damage caused. What sized deposit have you received?
Talk to your solicitor. The buyer has to work within the terms of the contract.
Let your solicitor fight it out with the buyer's solicitor. Ask your solicitor to explain to you how they are able to handle this for you and you will find yourself stressing far less. They will be quite matter of fact about it.
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
I have just spoke to my Solicitor who is refering me to a Litigation specialist. I feel I was not well informed about the pros and cons with a Key undertaking. I thought it was a contract. I am still paying a mortgage on this flat and this man has taken it upon himself to not only blist my flat but change the floor plan by knocking through new doors. I am almost too scared to talk incase he walks away with the flat uncompleted. The 10% deposit he's left is no where near whats needed to correct theflat or even to make good.
I'm not a solicitor but it sounds to me like you need the sale to go ahead, rather than pull out. Does the purchaser have any 'escape' clauses in the contract? If not, I'd be asking for settlement ASAP.
I agree with JacM, your solicitor should be able to sort out a solution to this.
This is way over my head. I just had a call from my neigbour downstairs to say theer is a crack and a
LeakOh No!.
What was in the contract regarding what they can do as far as work on the flat?
They obviously haven't got strata approval either so once they get wind of it there will be more trouble.
No solicitor I know is happy about early entry.
You should have halted work the first day you saw it until it was resolved. Get them to stop now and push for early settlement.Hope everything works out for you.
Oh dear!
You have a potential mess – what if they can't complete and they have no assets? Suing them won't get you anywhere but more costs.
What is a 'key undertaking'.
Consider you may have to sue his workmen in the end too so find out about them if you can. September is still a long way off.
But it will probably work out ok in the end.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Buyer has probably been to one of those courses which tell participants to get long settlement and early access so they can make some money.
Try to keep a clear head about this whole matter – and get your solicitor working for you.
I would start by writing down all the questions you now have, including worse case scenarios, that this situation has occurred.
Then meet with your solicitor and get responses from your solicitor. Make sure you make notes during conversation.
Subject to the outcome of this conversation consider using a different solicitor – this one seems to be out of their depth. Also speak with a property lawyer experienced in these situations.
Things may work out OK in the end – you may just need to take some steps to secure your interest in this property.
PS – Agree with Tracey – you need this sale to be water tight rather than pulling out. Sounds like the 'work' done will make the unit less 'sellable' unless everything is made right.
Thanks for all replies. I am a little bit more scared but i guessi have to stay strong
I spent my day yesterday looking for a litigation / contract solicitor. All solicitors have
Said go back to your solicitor as she knows the story. But speaking to her she says i
Need a property litigation specialist.
Last night the neigbour callled to complain about a new crack in their bed rooom wall
Leaking water and lose of cold and hot water this was 11am in the night as they have a
3 week old baby and need running water.Ill be sending pictures to my solicitors today and ask that she pushes for an earlier
Completion date as well as tha the works stop until then.The key undertaking does not include any of the works he is actually doing it
Was mainly to render some parts of the outside of the building and a crack
In the kItchen. He is re designing the entire flat with a new floor plan. Floor boards
Sinks bath kitchen units etc have been taken away. All wall paper stripped and new door
Ways created.I’m currently working on a house I purchased and settlement is end of august. I’ve ripped out basically everything. The only difference is I signed a license agreement meaning the vendor gives me early access to start renovating. Is this something lostos should have done to cover herself?
Great to hear from some one onthe other side. I was not given the choice as the
Buyer seemed to hide what he actually wanted to do. So the agreement only
Included what he said he would do. It now a breach of the agreementMy agreement with the vendor was to clean and renovate. I guess for me thats a pretty big window. My question is, who’s paying for the electricity and water while the renovations is underway? With my agreement I have to pay for electricity, water and gas from the date contracts were signed.
I am not paying for the bills at least thats what tje agreement says.
If i agreed to renovate that would be different. I truly feel trappedSounds like you may need a new solicitor – this one seems out of their depth.
it will be a long mess if abruptly sue, you have to ask for the settlement as soon as possible before he wreck the whole property, you have to settle this in a peaceful talk between both of you and your respective solicitors, keep in mind that the environment should be calm. you have settled on a previous agreement you can do it again. in the matter of conversation, clear your queries with him in clear but certain tone, and listen to him., Godbless
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