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Just moved into a rental, all upfront costs paid. Only had a
Hi. Just moved into a rental, all upfront costs paid. Only had a digital look at pics online through a management site as we had to commit from living in another state. There are genuine problems with… read more
John Melis
John Melis
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Bachelor's Degree
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A customer is threatening legal action against my company
Hi. A customer is threatening legal action against my company for alledged damages. Am I able to terminate our services and request for them to come and collect their belongings that are being stored … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
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Back in January 2016 I had a leaking balcony at our private
Back in January 2016 I had a leaking balcony at our private residence. I engaged a builder to strip the existing balcony and had him relay Hardies scyon exterior flooring and he installed it as per the suppliers specifications. I then engaged a tiler to give me a quote on waterproofing the decking and laying of tiles (which I supplied the tiles). He inspected my balcony and I was told that he could undertake the job which included supplying and installing a waterproof membrane to balcony area, expansion joints and supplying of all other materials to complete the job. He undertook the works in March 2016. In June 2017 we had heavy rain on the Saturday, the following day there was water dripping from the underside of the balcony in numerous places and also water leaking through the down lights. I went back to the tiling place where I purchased the tiles and who gave me the name of the tiler to use and they advised he no longer lived in the area and had moved interstate. I finally tracked him down in September 2017 and I sent him an email. I did not get a response until January 2018 when I contacted him again. I explained the situation and he directed me to the web page of the waterproofing membrane that he used. I then contacted this company by email. I received a call back approx a week later and I explained my situation. The rep of the company asked me to contact the tiler and ask him what process he undertook in regards ***** ***** laying and sealing of tiles to which the tiler has not responded yet. During this time, in Dec 2017 I contacted another company called Megaseal who came down and inspected the balcony. They advised that the membrane had failed and there were cracks in the grout where moisture had penetrated through and also inadequate sealing around the perimeter of the tiling. I obtained a quote which is $11,000 and they can repair it by removing the grout and injecting a latex solution into the joints and then regrouting with waterproof grouting. This comes with a 2 year workmanship guarantee and 25 year product guarantee. Because time is of the essence and the more rain we receive the more damage is occurring, I want to engage Megaseal to repair and rectify the problem. If I pay a deposit by this Friday 2/2 they can start the works Monday. My question is - if I engage Megaseal to go ahead have I got any financial recourse from the tiler and/or manufacturer; or if by engaging Megaseal waiving my rights for any compensation? Thanks Rob Masut … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
22,045 satisfied customers
I was in Cairns from 13-20 October and we rented a car from
I was in Cairns from 13-20 October and we rented a car from Avis. On 19th morning, we found the floor carpets were flooded with water after a night of heavy rain and thunder. Whereupon the resort receptionist and another staff saw and assisted us with supplying us with their pool towels and we absorbed the water with 20 towels. Upon returning the car on 20th, the floor was still damp. On 22nd I received a call telling us that we had to pay $200 for car detailing and she wanted my email address whereupon I told her that I would refute the bill as it would appear that the car's door seals were not working properly as there was no way the water could have gotten in and besides which we do know that the car had been involved in an accident before as the metalwork was not properly aligned as we highlighted to them upon taking delivery of the car. I also mentioned that similarly, one other car in the resort suffered the same fate and Jucy Car Hire had told them not to worry about it - this was conveyed to us by the resort's receptionist. She then told me that she will speak to her manager and wanted my email address, whereupon I told her to get the manager to call me instead. 2 days later I received a texted message from him confirming that the cleaning fee is $300 and it will be added to my rental agreement and for me to contact him by enail. I then emailed him and told him all these relevant points and asked him to reconsider the matter. He then denied that there was no problem with the door seals and forwarded a bill from a car detailer for $330. I have yet to reply to this email as I believe we should not be paying as the water would not have gotten in had the car been given to us in a perfect condition and their contention is that we did not return the car to them in the condition when we took the car. It has also transpired that they do not have a wet/dry vacuum cleaner and hence had to go to a car detailer and surely in a place like Cairns which is subject often to heavy rains, it would be prudent of them to have one and we should not be made to pay for their inadequacy. Obviously, a much smaller company like Jucy had no problems with handling the matter. It was not our fault that flooding occurred and I strongly believe that we should not be held to ransom. … read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
We have an easement to our property which goes down from street
We have an easement to our property which goes down from street level and the driveway is at the original ground level. Some years ago our neighbours (1) built a retaining wall down the side of their … read more
Patrick H.
Patrick H.
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Can I complain about a property manager who didnt act in my
Can I complain about a property manager who didn't act in my best interest in regard to water damage and under valuing for rental income.- its a bit long winded but I think that's what the agent is co… read more
Leon
Leon
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Master's Degree
32,717 satisfied customers
Hi my name is XXXXX XXXXX I work for a big company in Australia
Hi my name is XXXXX XXXXX I work for a big company in Australia as a subcontractor doing deliveries to their customers at their houses. One day when it was raining a lot and I was completely wet I was… read more
Sean
Sean
Experienced lawyer
Bachelor of Law with First Class Honours
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i have a new invention product for drying golf grips while
i have a new invention product for drying golf grips while playing golf. i have looked into it, and there is already a US patent on it. It does the same job as i want it to do , but the design is diff… read more
Leon
Leon
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Master's Degree
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I fell over a speed hump in a car yard. The stripes are painted
I fell over a speed hump in a car yard. The stripes are painted with shiny yellow paint and the staff that picked me up said it was always happening and they had informed the boss. It was/is necessary… read more
Patrick H.
Patrick H.
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HI, I would like to know the best way to go about getting compensation
HI, I would like to know the best way to go about getting compensation for an accident in a driveway, where I fell and sustained a spiral fracture to my right tibia and fibia, I have been told to expe… read more
Brisbane-Lawyer
Brisbane-Lawyer
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I have a carriageway easement running down the side of my property
I have a carriageway easement running down the side of my property which we have to dig up to access the sewer main to connect pipes for an ensuite/bathroom renovation on the side of the house adjacen… read more
Brisbane-Lawyer
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Hi we We live in a house that shares a driveway with another
Hi we We live in a house that shares a driveway with another house (survey strata block) in Perth WA. The neighbours have been building on the once vacant block for the last 12-month. During this time… read more
Patrick H.
Patrick H.
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A civil engineer with 47 years has provided me with this opinion.
A civil engineer with 47 years' experience has provided me with this opinion. My questions are: do I have a case, and is the case worth pursuing - to repair the damage is estimated at $10000.I refer t… read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
Our rental property was flooded due to heavy Rain. It came
Our rental property was flooded due to heavy Rain. It came down a sloping driveway and into our unit.I believe it is the 3rd time this has happened.(2 other tennants)All our furniture was ruined and t… read more
Brisbane-Lawyer
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I am looking for a way forward to settle a depute with my neighbour
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Leon
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Master's Degree
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We have a large 3/4 acre property and a long gravel driveway
We have a large 3/4 acre property and a long gravel driveway on a steep hill. With the heavy rain, water has run down our drive, through the garden and into the neighbours garden. He says we are liabl… read more
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Leon
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Our neighbours have fenced the boundery. The problem is we
Our neighbours have fenced the boundery. The problem is we have an easement to allow us access to our property. The situation is, we would normally drive off the main road onto the access road [they o… read more
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Brisbane-Lawyer
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I have a 1 hectare proterty in the shire of Nillumbik. The
I have a 1 hectare proterty in the shire of Nillumbik. The tenant in the neighbouring property keeps 2 horses at the rear. These horses frequent the area beside my home which is 10 metres from the fen… read more
Brisbane-Lawyer
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers

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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).

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