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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I placed a deposit on a block of land in October last year

Customer Question

I placed a deposit on a block of land in October last year under the assurance that titles would be issued by January. Since then every time I question the developer as to when the block will be titled I am given the the flick with obvious lies and delaying tactics whilst title issue is no closer. I was also informed by phone after my deposit was paid that a bush fire rating had been put on the land and this would increase my building costs. When I asked if this was a just cause for cancelling the contract I was told 'yes, but the added cost would add less than 5k'. . . More lies. I sent an email to the developer last Wednesday requesting a release from the contract as due to an impending change in financial circumstances, I cannot delay settlement any longer. This email was ignored and a phone call to them yesterday led to further attempts to fob me off in the hope that I would just go away. I was promised the developer would contact the vendor and I would hear back from them in the afternoon. I have so far heard nothing. This contract has gone unconditional but I believe I have a case . . . Do I?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning, My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.Did you sign a contract? Is there a sunset clause in the contract about registration and completion?Had you made any enquiries with the council before entering any agreement? It is your responsibility to make the enquiries and if the Seller was not aware of this then he has not done anything wrong and you are still bound to proceed with the purchase. What does the contract say about your rights to terminate it? What are the grounds?Is the contract subject to finance after the land is registered?If it is unconditional you have problems and you are bound unless there are conditions that allow you to terminate for other reasons.
Customer: replied 1 year ago.
I cannot find any sunset clause on the contract but we were assured that titles would be issued by January, worst case scenario, February. I understand that legally it looks like we are bound but there must be some moral grounds here. This is our lives these people are screwing with. The last 6 months have just been a waste of time. Our new house should have been half built by now, all our belongings are in storage because we have sold our house and it doesn't look like we will have a home by this time next year at this rate. Why are these A-holes allowed to get away with this callous diregard for the lives of others.
Expert:  Leon replied 1 year ago.
Good AfternoonIs it a house and land package?
Customer: replied 1 year ago.
No, just the block. Our builder is seperate.
Expert:  Leon replied 1 year ago.
Good Afternoon, You need to look at the contract in detail. If you wish to send it to me I can look at it but you have to email it to***@******.***
Customer: replied 1 year ago.
I have sent as requested
Expert:  Leon replied 1 year ago.
Thank youI will respond when I get it.
Expert:  Leon replied 1 year ago.
I will respond when I get it.
Customer: replied 1 year ago.
Thank you for contacting JustAnswer.We have sent your files to your Expert. If you have any comments for the Expert, please post them on your question page linked here:http://www.justanswer.com/australian-law/9696k-placed-deposit-block-land-october-last-year.htmlYou will receive an email confirmation once the Expert has posted a response.Regards,Christina
Customer Support
Expert:  Leon replied 1 year ago.
Good EveningDo you have a full contract that shows the land and has special conditions about the land etc? It is much bigger than what you have sent