All Topics / Help Needed! / caveats sorry if this post is in the wrong section but i need help

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  • Profile photo of wisebeyondmyyearswisebeyondmyyears
    Participant
    @wisebeyondmyyears
    Join Date: 2015
    Post Count: 2
    November 11, 2015 - 9:51 am

    ok so my mother and I own a property as tenant in common. My mother got into debt.
    My uncle place caveat on the property claiming there might be capital gains tax how ever according to the law assets left to someone in trust can not be taxed.
    we are still going to court over this matter and legal aide now wants 47,000 for nothing as this is still in court. legal
    legal aid decided to place a caveat on the property because my mum doesn’t have 47,000 in the bank. Now because i’m half owner and

    i’m Not in debt to legal aide can I request they remove the caveat..?
    Do I have any legal rights to sue them for wrongfully placing the caveat on it ..?
    can they sell the property without my consent..?

    lesion I learned never use legal aid you will end up spending more money as my mother had to hire another lawyer and accountant to fix their errors.
    I should but I caveat on legal aid as consumer beware.
    Thank you in advance if you have taken the time out to read this and reply to it I appreciate it more than you know

    Also their debt collector is stupid as she didn’t know that you cant refinance a property if theirs a caveat on it.

    Profile photo of BennyBenny
    Moderator
    @benny
    Join Date: 2002
    Post Count: 1,416
    November 11, 2015 - 11:15 am

    Hi Wise,
    Wow – that sounds awful !! I’m sure one of our resident legal folk will come by soon enough…. But meanwhile, can I clarify with you the following :-

    It sounds like there are TWO caveats – one from your Uncle, and one from the Legal Aide bloke. Is that right?

    And, can you clarify what this sentence was MEANT to say :-

    I should but I caveat on legal aid as consumer beware.

    More thoughts pop into my mind – but then, you probably need to make contact privately with a professional rather than opening right up on forum with a lot of personal detail. So I will step aside and hope that others who can advise you will make contact soon.

    Benny

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    November 12, 2015 - 3:16 pm

    i’m Not in debt to legal aide can I request they remove the caveat..?
    Do I have any legal rights to sue them for wrongfully placing the caveat on it ..?
    can they sell the property without my consent..?

    Yes – you can, but they may be entitled to have a caveat on the property
    Yes – if they had no right to
    Yes – they will need to appoint a trustee who can then sell the property. You might be able to buy you mothers share.

    the facts sound very unusual – an uncle paying a caveat beccause of CGT. Is this some sort of trust arrangement?

    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 3 posts - 1 through 3 (of 3 total)

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