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I recently bought a deceased estate in a retirement complex…

I recently bought a deceased...

I recently bought a deceased estate in a retirement complex in WA. A caveat was attached but I was assured this would be removed because the one daughter would agree with the other two to sell the property. The certificate of ownership was paid for and applied for by the settlemet agent. Three months later, I have received notification that the caveat has not been withdrawn.
What do I need to do? I have no extra finance and do not want to enter into conflict re this home
Dominique

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Answered in 9 minutes by:

3/8/2013

Solicitor: Leon, Solicitor replied 10 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,733

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

On settlement did the settlement agent receive a Withdrawl of caveat from the daughter that had registered the Caveat?

Customer reply replied 10 years ago

I dont thik the settlement agent received withdrawal of the caveat. He and the seller just reminded me it would be withdrawn. I trusted them

Solicitor: Leon, Solicitor replied 10 years ago

Good Evening

The Settlement agent should have made sure that the title was clear on settlement.

It is there task to make sure this happens.

How did they register the transfer of title in your name with the caveat registered?

Have you contacted them and asked about this?

Customer reply replied 10 years ago

No have not asked this - did not know this was not possible. I am an immigrant and have been in Australia fo five years

Solicitor: Leon, Solicitor replied 10 years ago

Good Evening

They have to do this.

Check with them and get back to me and I will see what else I can tell you.

Customer reply replied 10 years ago

I have read the letter from agent. He says "please be aware that Springfields (MY COMPLEX) will lodge a caveat on the title under the terms of the agreement so if landgate send you a notice in this regard, do not be alarmed as it is normal practice."

Solicitor: Leon, Solicitor replied 10 years ago

Good Evening

They have not registered it yet?

Do you have a copy of the caveat?

What are the terms.

I am logging off now will be back later

Customer reply replied 10 years ago

I dont have a copy of th ecaveat. In fact, we were discussing probate during the sale of this property and I dont remember caveat being seriously mentioned. Probate was settled just after it was originally expected. I have a copy of Landgates registration of the Transfer.

GOOD QUESTIONS BUT I WOULD LIKE SOME ANSWERS!

Solicitor: Leon, Solicitor replied 10 years ago

Good Morning,

I need to ask various questions before I can give you an answer. This is how the legal process works.

You just mentioned that you have a copy of Landgates registration of the transfer. Is this the copy of the title deed showing you as the owner?

If so does it show a caveat registered on the title?

Customer reply replied 10 years ago

No it is not a copy of the title deed. I,m still waiting on the latter.I have a certificate of Duty on transfer from the revenue office

Solicitor: Leon, Solicitor replied 10 years ago

Good Evening

You need the title deed to see if there is a caveat registered. If it is then you need to get the settlement agent to remove it it was their responsibility.

You can file an application to have the caveat removed if it is there.

http://www.landgate.wa.gov.au/docvault.nsf/web/FOR_DLI_AW/$FILE/FOR_DLI_AW.pdf

The registrar should then remove it.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,733

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

Leon and 87 other Australia Law Specialists are ready to help you

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Customer reply replied 10 years ago

Excellent service - thank you very much.

I apologize for the delays in between, as I continued with my work duties. Your consistency resulted in my returning to my questions.

Once again, thanks Sydney

Solicitor: Leon, Solicitor replied 10 years ago

Good Morning

You are very welcome and if I can be of any further assistance please let me know.

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