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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 47876
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Selling an investment property with my brother that settles

Customer Question

Selling an investment property with my brother that settles in 4 weeks. He owes me $28 000, some in renovations, some that I loaned him. He is refusing to give settlement agency authority to deduct from his share of sale proceeds. What can I do?
JA: Where is the property located?
Customer: Hamilton Hill
JA: Has any paperwork been filed?
Customer: Yes. Settlement is booked for the 17th October.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Settles 17th October
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 1 year ago.

Good Afternoon

You have the right to hold back that money in trust until it is dealt with.

You instruct the agent not or distribute the money until this is finalised.

You send your brother a letter of demand and advise that you will not allow the distributon of the funds.

You may have to sue your brother and once the court case is over then the money is distributed.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

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