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I had paid a deposit for Land and House in March but my

Customer Question

I had paid a...

I had paid a deposit for Land and House in March but my circumstances changed and l opted out by asigning someone to take over and pay same amount of deposit ($6000), the builder agreed to that and they promised to issue me a refund since someone has taken over the same block of land.The Land in question is in Cobblebank and undeveloped and there is no time frame yet when development will start.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I have been trying to get my refund since July upto date but developer has since developed cold feet, so apparently they are holding two land deposits for the same piece of land but refusing to issue refund, please help

Lawyer's Assistant: Where is the land located?

I have been calling and my broker has been emailing them but nothing is materializing.Now l don't know what to do next. I have all the communication saved including those from my Broker. Regards

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

I have emails and text messages between my Broker and Developer,also the name of the person who have paid for the same piece of Land.The paper l was meant to sign when l paid my deposit,is not dated neither does it have a name or signature from the other part,please assist on what l should do.Regards ***** *****

Submitted: 3 years ago.Category: Australia Law

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Customer reply replied 3 years ago

Land is in Cobblebank western susuburbs

Customer reply replied 3 years ago

From my Broker to Land Developer but Developer is still refusing with refund for reason at all.

Answered in 7 hours by:

10/21/2019

Solicitor: JustLaw, Esq., Attorney replied 3 years ago

JustLaw, Esq., Attorney

Category: Australia Law

Satisfied Customers: 4,135

Experience: Attorney

Verified

Good Morning. I will be the Attorney assisting you today. Please note that this discussion is for guidance only and does not constitute an Attorney-Client Relationship.

Please feel free to ignore any phone service request unless you feel you would like to discuss directly with me as those are sent by the site automatically - otherwise I am happy to continue texting.

Sorry for your situation. Can you clarify if you signed an Offer with your initial deposit and can you upload a copy on here so that I can review?

Customer reply replied 3 years ago

Please find attached sreen shot of document that has my signature,The document l was made to sign is doesn't have a date and the other documents are from the Broker addressed to AHB builders.
I have more saved communication if you need it.Yes it's ok to call me if you need more information or clarification, I really appreciate your time and effort.

Customer reply replied 3 years ago

Didn't realise call is $85,
Please work on infor l forwarded you before calling.
Regards
Martin

Solicitor: JustLaw, Esq., Attorney replied 3 years ago

Phone call is auto prompt by the site - should be listed as $59, but we can communicate by text if you prefer.

Unfortunately what you signed is an actual Contract for the Purchase of Land that only provides for termination and refund within 3 business days of signing. However, is there an additional page you are missing? Also, the vendor did not sign this copy?

Customer reply replied 3 years ago

Vendor didn't sign anything and l don't have any more document signed by me .I thought since Broker provided another person ,then l should be entitled to a refund,since same piece of land has two people and that vendor didn't sign and the document undated hence l thought its incomplete and l didn't get into further commitment except what l forwarded to you.
Regards
Martin

Solicitor: JustLaw, Esq., Attorney replied 3 years ago

Sorry for delay - I was in client meeting.

Unfortunately, based on what you sent me, contractually you have no right to a refund. However, if it is only this one page document, there are a few issues. The vendor never signed and therefore never formally completed the contract and accepted the Offer. The contract references a Special Conditions provision which is not attached. And in most contracts, there is normally a contingency clause that permits refund of the deposit if the Offer not accepted within a certain period of time. The fact that they entered into another Offer with someone for the same lot is irrelevant to your contractual rights.

I will opt out here to see if an Australian attorney can better assist you.

Customer reply replied 3 years ago

Good morning.
The vendor never signed and l did not sign any document other than what l forwarded to you.My question is ,If only one part signed an undated document, can the other part refuse refund and if so,on what grounds?, and the piece of land in question hasn't been developed with no settlement date.
I really value your time and advise.What best options can l pursue from here?
Regards
Martin.

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