Recent content by LexCon

Hi, Sorry for the delay in answering. My previous post is correct. Suprme Court or Vcat.

Hi, To clarify your situation I would have to see the exact wording on the covenant. Can you post it on the forum or email it to me?

Hi, You have two avenues; One is go to the Supreme Court and argue that the Covenant is obsolete or apply for a planning permit to build the number of dwellings you want to build and they more than likely the council will reject your application. You can then go to VCAT to argue for the...

Hi ej89, Sorry no I don't. I suggest you contact a NSW conveyancer or solicitor. :(

Hi, There is no legislative definition, ultimately it is up to the court to decide. A barrister has described it to me as a significant affect on the purchaser.

Hi, Sorry I misread your post. A developer can ask for up to a 10% deposit of the sale price of unregistered land. The deposit cannot be released to the developer until the plan is registered. Because most contracts require settlement within 14 days of the plan being registered it is very...

Hi, Just for clarification it is not the law in Victoria that a developer can vary the size of a lot by 10% in an unregistered plan of subdivision. Section 9AC of the Sale Of Land Act allows changes unless it 'materially affects' the purchaser. The 10% is just a "rule of thumb" and is...

Hi, One option for you is to take out Title Insurance. This is an insurance cover that two insurance companies offer. They will cover you for the events you have described and will work out a solution and cover the costs, i.e they would negotiate with the neighbour and cover the costs of...

Solicitor and conveyancer recomendations Solicitor Mr. Vincent Ryan 9602 3093 Conveyancer Superior Conveyancing 9763 4222

Just a follow up. You friend has to return the deposit or grant the purchaser more time.

If the contract was not been amened I believe the solicitor is correct. General Condition 14.2(c) allows the purchaser '2 clear business days after the approval date...' to serve written notice ending the contract. What you have described is that the purchaser has withdrawn from the contract...

I would be very surprised if it is not in the section 32. You can do a search through Land Victoria just do a search for landdata and once you get into this search website you need to do an instrument search and the instrument number is the number you quoted. Why don't you ask the agent to...

It does not matter whether it is strata title or not they offer policies that cover both. Title insurance covers many things like if after you purchase the property and the people next door knock on your door and tells you you side fence is 3 meters inside their property or the council call and...

The Vendor's statement is defective without an owner's corporation certificate if the property is effected by an owners corporation. A defective vendor's statement allows you to withdraw from the contract if you wish. What you should think about is how much are you prepared to pay for the...

Hi This is very common. It refers to section 27 of the sale of land act which prescribes that if a purchaser agrees to the early release of the deposit they a deemed to have accepted title. Accepted Title means you have completed all your inquiries (or your conveyance/solicitor has) and you...