Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law

I have a caveat over my house and I have offered to pay the

Customer Question
full amount of the caveat...
I have a caveat over my house and I have offered to pay the full amount of the caveat to the person who took it out. He is refusing to communicate with my solicitor to have the caveat removed. I have a buying waiting to complete the sale on my house and I am ready to move to another. He has a 25% interest in the house. I feel we should be able to have the caveat removed and he should have to share 25% of the cost of the sale. Can you please advise me?
Submitted: 1 year ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 17 minutes by:
6/22/2016
Solicitor: James D. Ford, Solicitor replied 1 year ago
James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1,601
Experience: Consulting Principal at Nexus Law Group
Verified

Hi, it appears you already have a lawyer acting for you in this matter. They are much better positioned to advise you what your legal rights are in this situation, as they have access to all of the information, and have the conduct of your matter.

Having said that, can you please advise when the property is or was expected to settle? and whether your lawyer has explained the process in NSW with respect to Caveats?

Has a Caveat lapsing notice been issued?

Please read the information in this link:

http://www.lpi.nsw.gov.au/__data/assets/pdf_file/0019/109720/Appn_prep_lapsing_notice.pdf

I await your responses,

Kind regards,

James

Ask Your Own Australia Law Question
Customer reply replied 1 year ago
the property was to settle 28/616
No explanation from Lawyer re caveat and how it works
The caveat lapsing notice has not been issued to my knowledge
Customer reply replied 1 year ago
Does this mean after we apply we have to wait 21 days to have the caveat removed?
Solicitor: James D. Ford, Solicitor replied 1 year ago

Yes, the removal process takes time... and also opens the possibility of litigation regarding the Caveat in the Supreme Court of NSW... if the Caveator lodges legal proceedings...

Another possible solution (if the Caveator is actually contactable, and agrees to sign both the transfer to him and to the Buyer at the same time) is whether to proceed to sever the joint tenancy between yourself and your mother, so you both own 50% each.. then to lodge a transfer of the 25% interest in the Property to the Caveator.. this would automatically remove the Caveat, and give the Caveator a right to share in 25% percent of the sale proceeds, after the costs of sale.

I am not sure how you go charging board for 12 months, if no rent was agreed.

I cannot advise much further without seeing the agreement, the Contract, the Caveat, and the correspondence sent by your lawyer, and any response from the Caveator? And this is akin to starting to act for you in the matter... with associated legal fees being charged.

Kind regards,

James

Ask Your Own Australia Law Question
Solicitor: James D. Ford, Solicitor replied 1 year ago

As co-owners of the property,there should have been a co-ownership agreement that deals with how the property is to be sold, what happens if co-owners live in the property, etc.

Has the Caveator (as co-owner) paid his share of the mortgage payments, maintenance costs, rates, etc??

Kind regards,

James

Ask Your Own Australia Law Question
Customer reply replied 1 year ago
Can I charge cost of sale, such as agent fees, solicitor fees and the need to repair the tiles in the house, which was a condition of the purchaser
Customer reply replied 1 year ago
He did not agree to pay rates or mortgage payments or maintenance costs. He is not on the deed of the house. I was told originally that he could not force us to sell the house. Now his solicitor has sent a letter saying he will force us to sell
Customer reply replied 1 year ago
Hello James are you there
Solicitor: James D. Ford, Solicitor replied 1 year ago

Hi, I am confused.. have you not already sold the property?

All costs of sale can be deducted - including the tile repairs.

I understand he is not on the Deed to the house... but he has a signed agreement that says he owns 25% of the property? what does this agreement say about the mortgage, rates, property maintenance? Does it say he does not have to pay?

By law, co-owners generally must account to the other co-owners in their respective % shares.

This agreement is the basis of his Caveat.

A co-owner of a property (generally even if they are not on the title) can force a property to be sold, if the other owners refuse. But, there is again, generally a process that needs to be followed.

You have stated the property has already been sold... that is why I am confused?

Kind regards,

James

Ask Your Own Australia Law Question
Solicitor: James D. Ford, Solicitor replied 1 year ago

Thanks for the letter... everything stated therein sounds plausible.. however, I don't have a copy of the Deed that is mentioned? So I cannot advise further.

Please accept my above answers, and return to your lawyer for further advice, or advice whether you would like to retain my legal services directly.

Kind regards,

James

Ask Your Own Australia Law Question
Customer reply replied 1 year ago
We have a buyer and the exchange of contracts depends upon this caveat being settled at the same time. Yes the agreement says he does not have to pay rates etc.
Solicitor: James D. Ford, Solicitor replied 1 year ago

OK, so you don't even have signed Contracts yet with your proposed Buyer. So you have not yet actually sold the property.

You need legal advice regarding the agreement that has been signed, and how much $$ the Caveator has a legal right to claim.

Kind regards,

James

Ask Your Own Australia Law Question
Solicitor: James D. Ford, Solicitor replied 1 year ago

The legal advice can then inform your settlement negotiations, so that this matter can be resolved.

Ask Your Own Australia Law Question
Solicitor: James D. Ford, Solicitor replied 1 year ago

I am heading out for approx. 1 hour... I will continue this discussion when I return. Cheers, James

Ask Your Own Australia Law Question
Solicitor: James D. Ford, Solicitor replied 1 year ago

Hello, are you there? Cheers, James

Ask Your Own Australia Law Question
Ask James D. Ford Your Own Question
James D. Ford
James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1,601
1,601 Satisfied Customers
Experience: Consulting Principal at Nexus Law Group

James D. Ford is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Daniel

Daniel

Solicitor

5,800 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,601 satisfied customers

Consulting Principal at Nexus Law Group

John Melis

John Melis

629 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
Mynmother has been in aged care for 4 years and last week
Mynmother has been in aged care for 4 years and last week after receiving the monthly account I noticed 2 lots of extra service payments (totalling approx $1000 ) so I queried the account with the rec… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I have had three incidences now where a 3rd party
Hello, I have had three incidences now where a 3rd party organisation has subscribed me to programs which I have never requested. They have done this through SMS to my Telstra 4G modem which has no ca… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I have had what was broadband and a phone which cost me
I have had what was broadband and a phone which cost me around $100 to $110 per month. I had the NBN installed with the a phone that does not work with a power failure and I have been billed $260 … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I there. I have a problem with a bank that does not want to
I there. I have a problem with a bank that does not want to release a loan to another institution. Is there anything I can do to force them to do it. This bank has being dealing the transferal of the … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I have lost my licence due to speeding and losing all my
I have lost my licence due to speeding and losing all my points. It is creating hardship as I have depression where I need a car to help with this.It is creating social isolation as well that affects … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Recently we bought a 2014 Mazda cx5 grand tourer, we have
Hi there, recently we bought a 2014 Mazda cx5 grand tourer, we have had it for 4 months, and the radio all of a sudden stopped, Mazda had a look at it and to put a new one in is $2500, we have a 4 yea… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
My partner of 13 years took his own life at the end of May
My partner of 13 years took his own life at the end of May this year. He had a 20 year old will in which I was not mentioned so his estranged Tasmanian family has been given everything. Including his … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
Will my questions be answered immediately via this one on
will my questions be answered immediately via this one on one ? or will you simply "get back to me"? … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I have a debt owing to a credit card company who have
Hi, I have a debt owing to a credit card company who have appointed a debt collector. I have been a monthly amount. They asked for the Financial Assets and Liabilities statements which I have complete… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I purchased off the plan property 3 years ago and the
Hi I purchased off the plan property 3 years ago and the current valuation has come over $40,000 undervalue, what are my options … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
A close family friend was recently deported back to New
A close family friend was recently deported back to New Zealand after returning from Bali to Australia on the grounds of bad character and his association with a motorcyle gang in Australia. He has no… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
My home keys were taken without permission by daughters who
My home keys were taken without permission by daughters who do not live with me. They are entering my home while I am not at home, without my permission and refuse any communication with me … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Tina, not sure how this works...I'm in Australia and have an
hi Tina, not sure how this works...I'm in Australia and have an issue with a policewoman who has lied to a court ...As a result I've been issued with an Interim Intervention Order...now she wants to w… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
How i can make complaint against meachnic. Victoria
how i can make complaint against meachnic JA: What state are you in? It matters because laws vary by location. Customer: victoria JA: Has anything been filed or reported? Customer: no JA: Anything els… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
Signed contract in March for townhouse that is
Signed contract in March for townhouse that is unsatisfactory. How much money & chance for legal claim to exit contract? … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I would like some advice on a pending civil court case which
Hi there i would like some advice on a pending civil court case which is to be held in Sydney on Tuesday. Quikfund vs Melita Pilch (me) can you help? … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I search for a solicitor titled CPD .... Brisbane, A title
I search for a solicitor titled CPD .... JA: What state are you in? It matters because laws vary by location. Customer: Brisbane JA: Has anything been filed or reported? Customer: A title for for unit… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I purchased an off the plan apartment last February 2017 -
Hi I purchased an off the plan apartment last February 2017 - no construction ever started & I was informed the developer had difficulty with finance. Last week I was told by the real estate by teleph… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x