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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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My son brought a property which he was walked around by the

Customer Question

hi my son brought a property which he was walked around by the real estate agent and shown the boundary lines. and the sale went through. only to find out that the boundary real lines go through his house. taking 1 acre back and half a house that my son was told was the sale property what can we do . He purchased a 4 bed 2 bath 1 car house on that 2 acres block and payed for that only to be informed that the real boundary line goes smack in the middle of the house
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

Good Afternoon

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.

Has he settled?

Customer: replied 11 months ago.
the property was settled 14 months ago . the convancer had placed a map of the property and said it was right but now only to find out that the property has been sold to us with the boundry line right through the house .
Expert:  Leon replied 11 months ago.

Good Afternoon

Did the conveyancer explain the contract?

Has he obtained a survey?

It appears the conveyancer has made a mistake here and may be negligent.

Customer: replied 11 months ago.
how can a real estate person sell you that and the surveyor and conservancy people
and show you buy walking around the property tellign him the boundry lines were where the fences oare but not now the other property owner wanted to place a fence for her cattle and seen the fraurdulent problem that has taken my son
Customer: replied 11 months ago.
he did explain it and it wasnt your boundry line gos right through the center of your home
Customer: replied 11 months ago.
there is defiant neglect what takes place next we are both disabled pensioners .
Customer: replied 11 months ago.
how can see gett his fraudulent problem delt with with out have to cost us anything more than what we already have paid for the property
Customer: replied 11 months ago.
the other land owner told them about it before us and she was told to forget it its in your favor in the long run if they dont find out about it
Customer: replied 11 months ago.
but she made it known to us , this is how we know she sent us the land plan for the boundary line marker
Customer: replied 11 months ago.
are you still there
I dont have any more money to call . I have 1 week of you on call is that right to ask qquestions
Expert:  Leon replied 11 months ago.

Good Evening

I cannot tell you what the agent did. The contract clearly says that unless it is in the contract you cannot rely on anything that you are told.

This protects the agent.
It is the responsibility of the buyer to make their enquiries. The Conveyancer should have been more diligent with the searches and the advise that they gave your son.

The Deposited Plan is in the contract and shows the land.

There is no fraud here unless you can show the agent deliberately did this knowing the issues and mislead him.

Your son should have undertaken the searches through the conveyancer and not doing them it is to his own detriment. The issue is what did the conveyancer advise him.

I hope this makes sense?

Customer: replied 11 months ago.
the conveyance company was payed to do all the search and advise him of everything as a mediator that's what they was paid for wasn't it to let my son know what he was buying into . a land and title search.
Expert:  Leon replied 11 months ago.

Good Morning

Did the conveyancer do the purchase for your son?

Customer: replied 11 months ago.
they did the purchase for my son
Expert:  Leon replied 11 months ago.

They are responsible to undertake the searches and make sure there are no issues.

They are not there as a mediator. They represent him and are supposed to make sure they do all things necessary to ensure there are no issues.

They have been negligent if they failed to do the appropriate searches.

I hope this makes sense?

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