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My husband and I Brought A House 14 Months Ago

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, (we had not owned...
My husband and I brought a house 14 months ago , (we had not owned a house for 10 or so years) as we were svaing a deposit.
When we brought this house, we had all the inspections that you have when buying a house, we were advised from the conveyancer that the pest report came back with termites in a tree in the back yard, we asked for that tree to be removed by the previous owner, (the result was we were advised the termites were dead and we had nothing to worry about).
We again said to the conveyancer we are unsure of what we are reading, can you ensure us that you go through all inspection documents, and advise us if there are any issues.
The conveyancer called us and told us all inspections were ok, that's when we signed, and settled.
After moving in etc, 6 months later our roof started leaking, we had a roof person come out who advised us the entire roof required replacing asap.
We called the building inspector out (who did the inspection in the first place) and he advised us that he had documented in the inspection report that he could not access the entire roof as it is three levels, and therefore a thorough inspection was required to be done at time of sale. We werent told this.
The result to this issue is I lodge an application at the consumer trader and tenancy tribunal, I represented myself at the tribunal, I submitted my claim against the conveyancer, the building company, the building inspector.
We all went to court they were represented by a solictor, three days before the hearing I got a letter of offer in the mail offering me $5000.00.
I did not accept that offer we went to court, at the court the tribunal judge suggested we all go into negoiation first, which we did, this went on for a good couple of hours.
In the end they offered me $11,334.000.
We all went back into the tribunal and the judge was informed, the matter was concluded.
I then had to wait for the money to be sent to me in the mail, before the money arrived the solictor sent me a deed of settlement which he requested we sign, before we recieved any money.
The deed of settlement states:
We Dean & Sharon Yarnton of address ::::::::
agree to accept the sum of $11,334.00 inclusive of costs paid with denial of liability by and on behalf of Menai District Conveyancing, Report Master, Ace Building their associates and insurers as fill and final settlement of all present and future claims which we have against each of them either seperately or jointly n respect of all and any loss which occured in relation to 19 Penrose Place Menai arising on or about October 2008.
We hereby agree that this settlement is confidential and will not be disclosed by either of us to any other party.
We acknowledge that upon payment of the said sum we have no further claim againist the above named ebern though we may incure further expenses or suffer further loss.
John,
I contacted the solictor of the other party and I asked about this letter and was advised this was the settlement letter that I was required to sign, before they would release any money, we signed this letter and sent in back.
It was then that all three company's that I took to court sent there cheques, it took them three weeks to send me all three cheques.
The cheques cashed and that was that issue.
Then in February 6 months later my husband and I decided to do some renovations around the house when we noticed that there was some structural damage where the cornices on the wall go; it was then that the builder noticed there was a termite nest and some termite damage.
We were advised that they had to find the ending of the damage, which resulted in all internal walls being removed, we have found six huge termite nests, in total the damage is up to $145,000.
I contacted the CTTTP again, advised them of the issue, and that is when I was advised due to the amount of damage this issue would have to be referred to the District Court, they advised me to hire a solictor.
I advised the CTTTP that from the last issue with the roof, I was required to sign a deed of settlement, from the solictor, which we did, I asked the tribunal if this would affect this new claim, the CTTTP advised me, no this deed of settlement was not witnessed by a legal practictioner, therefore it is non valid.
I hired a solictor, the result of this is the solictor who was LAC lawyers advised me that because of the deed of settlement, we have no case.
Submitted: 8 years ago.Category: Australia Law
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Answered in 47 minutes by:
7/10/2010
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
Verified

Whoever told you that because the Deed of Settlement was not witnessed by a legal practitioner, and was therefore not legally valid - is completely wrong. LAC Lawyers are correct, the Deed precludes you from making further claims. I'm sorry, and I wish I had better news for you.

I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me if I were to provide you with anything less than truthful and honest information.

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