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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 live in Tasmania. I foolishly bought a strata unit with a

Customer Question

I live in Tasmania. I foolishly bought a strata unit with a probate on it which later turned out to have a caveat on it. The other legal party's letter implied that the matter would be taken care of by the end of December (2015) but it has just gone on and on. I'd like to know please if there is a length of time when this caveat is valid and B) what I can do about this situation.
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Yes and it would cost about $10000 to fight the issue which I doubt that I can afford
JA: What advice did they give you?
Customer: Basically that the matter would cost at least $10000, take 12 months thereabouts and the implication was that this was the only way to go.
JA: Is there anything else the Lawyer should be aware of?
Customer: no, though I think that my lawyer should've spotted this matter in their conveyancing.
JA: Our top Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Lawyer in on everything we've discussed. You can go back and forth with the Lawyer until you're 100% satisfied. We guarantee it.
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 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 advice but a guide to assist you.

Did you have a solicitor act for you on the purchase and did you borrow money?

What is the caveat for?

How were you registered on title?

Customer: replied 8 months ago.
I am registered as the owner on the title and I had a solicitor acting for me and no there was no need to borrow money and apart from a desposit of $25000, there is no money that has changed hands. There was a probate on this property and I was subsequently informed about the caveat. The news around here (units) is that an aggrieved person entered the caveat who was kept out of the previous owner's will.
Customer: replied 8 months ago.
I was just looking over the contract and I am labelled as a 'Purchaser'. The solicitor was acting for me in the sense of coneyancing.
Customer: replied 8 months ago.
You'll have to use the email address for any reply as this is eating into my allowance from Telstra. The email address is either***@******.*** or***@******.***
Expert:  Leon replied 8 months ago.

Good Afternoon

I am unable to email you.

Usually if there is a caveat you cannot be registered as owner because it stops the registration process.

Do you have a copy of the contract so that I can see what it says?

Can you email it to***@******.***