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Would be great if you could please assist with off the plan
Hi there! Would be great if you could please assist with off the plan settlement risk. We've bought an off the plan property in Melbourne CBD which is due to settle next month. We've paid off the 10% … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 satisfied customers
Pearl, I need some help regarding a contract that we signed
Hi there Pearl, I need some help regarding a contract that we signed while we were staying in Bali Indonesia. It was for a Holiday club. We paid a $2500US deposit. There is a substantial balance due in 13 days. The contract is half Indonesian, and half Singaporian. I was hoping that someone who has dealt with Karma Group contracts could give me some advice regarding: 1) Whether I should cancel my credit card account. At this stage, I have had new cards issued, but have not cancelled the account. Here are the facts surrounding this: i) I made the deposit payment via eftpos, and had to enter my pin. ii) I have a mastercard account. iii) I contacted the bank today, and they said that depending on the contract that I signed, they may be able to take additional funds from my credit card. They suggested that I send them an email to say that we do not give them authority to take any additional payments from my credit card. iv) They supplied me with a form to allow the remaining balance of the contract amount to be taken from my credit card. I have not completed this form, and they do not have that authority.2) If there is any point trying to get our deposit back? i) I asked if there were problems with availability. We were told as long as we didn't want to book into New York at Christmas time, we should be fine. Online there are numerous instances where we members were complaining about limited availability, and being asked to stay at a hotel close by for an additional price. ii) We were sold on the fact that we could stay at local resorts in Rottnest, Margaret River, Broome and Perth. There was also a large sales pitch on South Africa. None of these properties are mentioned in the Karma Resort Profiles iii) I asked if there were any Terms and Conditions to our ‘Free 2 Week holiday that we won”. I was told no, only to discover: a) The vouchers we were given asks you to refer to the terms and conditions on the website b) The website does not exist. There are numerous complaints of this also on a number of forums. c) You need to pay an administration fee. iv) We have 21 days to do our due diligence. But we can only do our due diligence if we have access to the system. And the only way to get access to the system, it to pay the remaining balance. We then need to prove that we do not get everything that we were promised via Singapore lawyers. v) There is a clause that talks about availability not being so good in peak season. We accepted this and understood. But when you look at some of the resorts, peak season is from week 1-52. So there is no guarantee at all that you can even stay at this resort. (One of these is Rottnest Island – which influenced us to start with). We were not made aware of this until we were given the guide book after we had signed. We were under the impression that peak season would be the term usually used in travel. vi) We were also told that when we bought a membership that we were purchasing an asset that was resaleable. This was used as a benefit to purchase given that we would not loose money on our investment. Research suggests that you are lucky to get 10% of the purchase price back on one of these holiday group shares.3) Is there any other legal comeback in Australia for Singapore, and Indonesian contracts besides potentially taking money from my credit card??Many Thanks,Jodie. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 satisfied customers
Second opinion] in Queensland law regarding real estate
Second opinion] in Queensland law regarding real estate REIQDoes the seller have to give written or formal notice to the buyer or through the buyers lawyer to terminate the contract, and if he does no… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 satisfied customers
I have a bit of a complicated question, but hoping you can
Hello, I have a bit of a complicated question, but hoping you can give me some advice. In January 2017, we entered into a contract of sale on a property at Yatte Yattah. The contract had a long settle… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 satisfied customers
We put a deposit on a property purchase two months ago, for
we put a deposit on a property purchase two months ago, for which we paid a deposit and have a signed receipt, now we feel the seller must have had a better offer or something, as suddenly the seller … read more
Leon
Leon
Solicitor
Master's Degree
52,114 satisfied customers
We advertised our caravan (NSW), and an interstate buyer
We advertised our caravan for sale (NSW), and an interstate buyer expressed interest (VIC) and asked us if we would consider delivering the caravan half way (950km round trip for us). We sent the foll… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,501 satisfied customers
I recently purchased my first home in the ACT. My mother and
Hi, I recently purchased my first home in the ACT. My mother and grandmother contributed a large portion of the deposit (no legal documentation - just verbal agreement) and I took responsibility of th… read more
Leon
Leon
Solicitor
Master's Degree
52,114 satisfied customers
We are currently buying a business and have signed contracts
We are currently buying a business and have signed contracts paid a deposit and have had a delayed settlement until March 2013. We have paid the stamp duty and now can't get the finance What happens n… read more
Leon
Leon
Solicitor
Master's Degree
52,114 satisfied customers
My ex-partner and I had a moment of madness and re-united for
My ex-partner and I had a moment of madness and re-united for several weeks. During this time we got the bright idea of buying a little relocatable cottage where you don't own the land, but pay a mont… read more
Leon
Leon
Solicitor
Master's Degree
52,114 satisfied customers
I have signed up for a course in Sydney that due to falling
I have signed up for a course in Sydney that due to falling pregnant and not be well enough to attend or able to fly, I can not attend. I contacted the business to inform them and asked if I could wit… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,501 satisfied customers
In NSW what is the max cost exposure to the buyer if he/she
In NSW what is the max cost exposure to the buyer if he/she wishes to rescind a contract after the cooling off period has expired. I have read the various internet sites and it is not clear to me, dep… read more
Leon
Leon
Solicitor
Master's Degree
52,114 satisfied customers
Hello Thank you for the above, how do I recoup this cost?
Hello Thank you for the above, how do I recoup this cost? as he is trying to charge me for his time also? What I really want to know that if he has ill advised and we submitted the termination based o… read more
Leon
Leon
Solicitor
Master's Degree
52,114 satisfied customers
Hello, I am seeking some advise on the following My
Hello, I am seeking some advise on the following: My Husband and I have purchased a property on Central Coast NSW late February 2011. * Original settlement was scheduled for 18th April. Vendors were u… read more
Leon
Leon
Solicitor
Master's Degree
52,114 satisfied customers
Hi, my husband and I purchased a home in melbourne through
Hi, my husband and I purchased a home in melbourne through Zuccala Homes, we payed the initial deposit of $30,000, settlement is coming up late September but my husband and i recently seperated and no… read more
Brisbane-Lawyer
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
I am a fully licenced conveyancer of real property and acted
I am a fully licenced conveyancer of real property and acted for a Vendor In 2007 who had sold his property to a Purchaser. When a dispute arose between the parties and as my consultant solicitor was … read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
Where the does the purchaser stand if the vendor didnt disclose
Where the does the purchaser stand if the vendor didn't disclose an illegal addition to the house in NSW and the council have now issued retification/demolition order? The purchaser didn't do a buildi… read more
Leon
Leon
Solicitor
Master's Degree
52,114 satisfied customers
Hello, We are due to purchase a property (shell apartment)
Hello, We are due to purchase a property (shell apartment) which is due to settle on the 31 Dec 2008. The property is in Melbourne, Victoria. Our mortgage fell through and we haven't been able to conf… read more
Leon
Leon
Solicitor
Master's Degree
52,114 satisfied customers
Hi There, We purchased a property recently, both partoes signed
Hi There, We purchased a property recently, both partoes signed the contract. We were asked to do an early settlement which we agreede to although the tennants have paid up until Feb 2009. Our real es… read more
Leon
Leon
Solicitor
Master's Degree
52,114 satisfied customers

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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