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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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Leon. My partner and I purchased a property next door to the

Customer Question

Hi Leon. My partner and I purchased a property next door to the one we currently rent for our business. During the process we took out insurance which both parties must during the transition period leading up to settlement.
JA: Thanks. Can you give me any more details about your issue?
Customer: We completed a final property inspection on the Friday prior to the settlement date the following Tuesday, but during the weekend (which was a long weekend) our new place was vandalised and considerable damage was done to the front walls, the front door was completely smashed off its frame work and every window was smashed - in some cases chairs had been thrown through them. Walls down stairs were punched through and water piping was snapped off. We are insured with the NRMA and since this reporting we have had the pleasure of an investigation company interrogating my partner for 5 hours the first time and nearly 3 hours the second. My partner also was requested to produce ALL SMS and MMS statements as well as phone bills - we have complied with all of this to date. A police check was also requested - this was done. Might I add we are both in Real Estate and a prerequisite of this is a police check. I run the Bendigo Bank Agency at Fernvale and that is another reason to have police checks done as a matter of course. I am a JP (Qaul) in Queensland and hold a Doctorate of Education in Audiology. I have never been made to feel so intimidated and humiliated by any company like this in my life. It is now nearly 4 months after the event, and nothing has been resolved. What can we do? Many thanks. *****
JA: OK got it. Last thing — Solicitors generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year 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.

I am very surprised at all of this.

They do investigate but I cannot understand why they are targeting you.

Are they suggesting or have they been told that you and your parter have vandalised the premises?

Customer: replied 1 year ago.
I believe they are suggesting this, although we have tried valiantly to convince them that this is NOT the case. At the time of the settlement both parties were covered by insurance. When the place was vandalised it was prior to the settlement and we did not see the damage until after settlement. The other party denied it was their insurance claim, so we have had to try and gain a settlement from our insurance.
Expert:  Leon replied 1 year ago.

Good Afternoon

Did you not so an inspection beforehand?

Customer: replied 1 year ago.
As Real Estate Agents we were very sure to undertake this on the Friday before the long weekend. Because the settlement is done by the solicitors and we were busy with property management issues we did not get over next door.
The following day we had the cyclone that swept through Fernvale and found ourselves inundated with claims for repairs to properties.
Expert:  Leon replied 1 year ago.

Good Afternoon

You have to follow them up and see what conclusion they have come to.

If they do not make a decision the you need to take the matter to the Financial Ombudsman.

Do you have copies of your statements of have they not sent them yet for your approval?

Customer: replied 1 year ago.
They have given us no copies at all - just acted in a very bombastic manner.
Expert:  Leon replied 1 year ago.

Contact the person that interviewed you both and ask when you will be getting copies. You have to be sent copies to read and then sign.

This is the normal process.

If they refuse then go to the insurer and deal with them direct.