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I have lived in the same house for 9 years only ever signing…

Customer Question
I have lived in...

I have lived in the same house for 9 years only ever signing a lease at beginning for 12 months. It was a private rental. No inspections ever carried out. Fall behind in rent here and there. Works out to be 2 years behind. About $54000. Private landlord handed over to a real estate and real estate asked us to move which was fine and now living elsewhere. I have every intention of paying what I owe back. Real estate has now asked me to sign a affidavit to say I owe this money and a payment plan and this is so they don't go to court. Is this legal and does it cover me or should I not sign?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Queensland

Lawyer's Assistant: Has any paperwork been filed?

No I have the affidavit to take to a jp to sign in front of them

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just don't know what my rights are since not having a lease besides for first 12 months and no inspections at all

Submitted: 10 months ago.Category: Australia Law
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Answered in 1 minute by:
9/27/2017
Solicitor: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Australia Law
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Solicitor: Legal Eagle, Lawyer replied 10 months ago

I'm sorry, I just realized this was an AUS question. I'll opt out so our moderators can get it to the Australia law site.

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Solicitor: Leon, Solicitor replied 10 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,933
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Morning

It is legal and it is called a Deed.

It is an admission by you that you owe the money and to pay it off. IF you breach then it is easier to get court orders against you.

You have to read it and make sure you are happy with the terms.

By signing though you are making an admission that can be used in court against you.

It does save you costs and interest which would be charged if they sued you.

You should get it looked at by a solicitor and get detailed legal advise on it.

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

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

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