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Answered in 3 hours by:
7/29/2016
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedHello and thank you for your question.
It is not clear from what you have said that the 'deposit' was for the property, but even if it is, if you don't complete you may lose some or all of the deposit.
Also, a websearch of century 21 suggests it failed to deliver to many clients in circumstances that suggest it may have been a scam:
http://www.abc.net.au/news/2014-06-06/dozens-of-australians-lose-money-through-financial-education/5506654
Courses of this sort are unfortunately commonly a way for spruikers to market dubious education/investment packages that pressure naive customers to purchase overpriced properties or to enter into unfavourable contractual arrangements, and I am concerned you may have been victims of such an operation.
Whilst it is not clear from my brief inquires that Mr Freeman is behaving dishonestly in this case, the arrangement and his explanation of his problems is rather vague, so I believe you have good cause to be suspicious. I would strongly recommend you engage a Victorian lawyer to review your contractual documentation and the property development itself, to ascertain what has happened to your deposit ASAP.
If it is a scam, your best chance of getting your money back will be if you act quickly.
If you need help locating a suitable lawyer contact the Law Institute of Victoria as they can refer you to a suitable lawyer in your area:
http://www.liv.asn.au/
Good luck and please rate my answer.
Patrick
If the land deal is in Victoria, then you should probably use a Victorian lawyer, but if you entered into your arrangement with this person in WA then use a WA lawyer, as that is likely where any litigation would need to be dealt with, if necessary. A WA lawyer can then make inquiries in Victoria about the state of the land purchase/development and if necessary engage a Victorian lawyer to deal with any Victorian legal aspect.
It is another trick of scammers to complicate arrangements across state lines to make it more difficult to pursue them, due to different legal jurisdictions complicating the legal issues, so this is yet another reason to be concerned that everything is not as it should be.
Good luck and please rate my answer.
Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
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