Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Hoping you will be able to give us some advice. We bought a…

Hi hoping you will...

Hi hoping you will be able to give us some advice. We bought a property off the plan in January 2015. After numerous phone calls to the realestate agent every couple of months over the 3 yr period trying to find out when unit is to be completed as we needed to apply for a loan through our self managed superfund. We received a phone call from the real estate agent on the 22 nd December 2017 that settlement is on 29th December 2017. We advised the agent that we have to re apply for the loan as the time period of 3mths has passed and we will not be able to settle by settlement date. We are now getting charged penalty rates amounting to $10,000. Are we able to challenge some of or all of penalty rates as in our contract it states that we should have received 14 days notice in writing. Till this day we still have not received any notification in writing, we only received phone call 7 days before settlement. Notification was emailthe same day we received a phone only. Till today we have not received any notification in writing

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

Victoria

Lawyer's Assistant: Has any paperwork been filed?

Yes

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

Settlement is on friday this week.

Show More
Show Less
Ask Your Own Australia Law Question
Answered in 46 minutes by:
3/13/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,282
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

Ask Your Own Australia Law Question

will you be able to settle this Friday ?

disputing the $10,000 will be subject to the wording of the contract which you signed.

there may be away mediate the amount, or there may be ab argument of an unfair contract term in relation to the penalty amount , it will all depend on the wording of the agreement.

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
we can settle on Friday. It is an normal reiv contract

ok,

the penalties are being claim on what basis, that is what is there breakdown

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
Penalty is based that we have not settled on the 29th december

have you had your conveyancer assess the breakdown of the 10K yet ?

I have extended a special offer to talk on the phone about this important matter, please look, it will help you.

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
the conveyancer is the one that gave us the final statement of adjust with penalty

did she break down the penalty as to what it is made up of ?

Also did the conveyancer warn you prior to 29 Dec 2017 on the risk of the penalty too ?

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
We did not have a conveyancer at the time as we were waiting on the real estate agent to tell us when the property will be completed

so prior to 29 Dec 17 and on that day there was no conveyancer ?

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
We did not have one

ok

when did you engage the conveyancer

Ask Your Own Australia Law Question

ok

when did you engage the conveyancer

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
31/01/18 after we applied for the loan

ok

what is it that you would like to achieve at this time

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
Reduce the penalty

ok this you can ask your current conveyancer to try an mediate a break on this situation

there is no guarantee but it is worth trying

what do you think ?

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
Will do thank you for the advice

you are welcome

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,282
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,282
3,282 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis 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.

Leon

Leon

Solicitor

27,635 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,940 satisfied customers

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

John Melis

John Melis

Lawyer

3,282 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
Is a contract signed 2 years ago still valid a deposit was
Is a contract signed 2 years ago still valid a deposit was paid and banks were not able to finance between our own company and our superfund … read more
John Melis
John Melis
Lawyer
3,282 satisfied customers
We have an investment property that the tenant trashed and
Hi we have an investment property that the tenant trashed and we have been to VCAT and got the bond back and he had already left prior to the eviction, however the costs for repairing cleaning and dis… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Are you in Australia or is the a US website? Victoria. No
Are you in Australia or is the a US website? JA: What state are you in? It matters because laws vary by location. Customer: Victoria JA: Has anything been filed or reported? Customer: no no JA: Anythi… read more
John Melis
John Melis
Lawyer
3,282 satisfied customers
Melbourne,Victoria re: sale of my property and purchase of
Melbourne,Victoria re: sale of my property and purchase of new property. Change of settlement date agreed by my purchaser $1000.00 from 21 Dec2017 to new settlement date14dec 2017date ...on condition bank was ready. … read more
John Melis
John Melis
Lawyer
3,282 satisfied customers
I was recently charged with drink driving in Victoria (16th
I was recently charged with drink driving in Victoria (16th December 2017) with a BAC of 0.09. I expect to receive the summons to appear in court in January according to the arresting Police. This is … read more
John Melis
John Melis
Lawyer
3,282 satisfied customers
I have a house settlement due to go through tomorrow
Hello, I have a house settlement due to go through tomorrow morning. We had final inspection & the house has been left badly damaged by the previous tenants when they left on Monday. It is approx anyt… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I am inquiring about an electricity supply contract with
My name is***** am inquiring about an electricity supply contract with Origin. I was with Origin on a contract which had to be renewed after one year. That time is November 2017. I got quotes from oth… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I am looking for a referral to an ombudsmen for an income
I am looking for a referral to an ombudsmen for an income protection claim. I am 64 years old. I was retrenched in Feb 2017. I made a claim for income protection and have received 2 payments. Since th… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
WA Perth. I just need to ask about a letter I have sent to
No, I just need to ask about a letter I have sent to Euro Bed on three occasions. … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
My car was insured with Shannons Insurance. It was crashed
My car was insured with Shannons Insurance. It was crashed into [not our fault ] on 29th., June 2017.There was long delay on Shannons part in decieding how the car would be treated. Finally, on Wednes… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
We live in Qld in 2010 we bought a unit in NSW and a
We live in Qld in 2010 we bought a unit in NSW and a shortfall in funds meant we borrowed unsecurred … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Contract for agent to sell flat just signed by me, both me
contract for agent to sell flat just signed by me, both me and wife own flat in sydney, were not happy with agent can we get out of contract as wife didnt sign?… read more
John Melis
John Melis
Lawyer
3,282 satisfied customers
I have been informed that the owner's of my property are
Hi Pearl, I have been informed that the owner's of my property are wanting to take possession again, but my realestate agent can not give me a date, she just says maybe before xmas or after xmas. I ha… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,940 satisfied customers
Where do I stand, I spoke to Bendigo Bank office whom I believed
Where do I stand, I spoke to Bendigo Bank office whom I believed to be the manager regarding loans for investment properties purchased through our superannuation fund shortly before 4th May as our fir… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
(urgent) Hi Expert Property Lawyer: (Victoria, Australia) URGEEEEEEEEEEEENT!
(urgent) Hi Expert Property Lawyer: (Victoria, Australia) URGEEEEEEEEEEEENT! I have an urgent question to ask. I have bought a piece of land. The settlement was suppose to be on 29th of May. 30th of M… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Hi we bought a propertyusing a broker and settlement went through
Hi we bought a propertyusing a broker and settlement went through in December 2009. The broker approached us when we were looking to buy the property and promised that with our financial situation we … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Hi we are Qld based realestate company, I have one employee
Hi we are Qld based realestate company, I have one employee whom has recently relocated to Victoria. Am I able to pay for a Victorian realestate licence & complete necessary forms, place her address a… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
We placed our investment property in the hands of a registered
We placed our investment property in the hands of a registered real estate agent to sell. He did sell the property. It has now just been brought to my attention that the tenant will not vacate the pro… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 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