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  1. Terry_w

    Buyer didn't pay deposit so I terminated contract now threatening to sue me

    Luckily that isn't legal basis to allow a caveat to be lodged. The purchaser is able to lodge because he/it has an interest in the property. This interest arises because of the exchanged contract of sale. The seller has no interest in other property owned by the purchaser so couldn't lodge...
  2. Terry_w

    Buyer didn't pay deposit so I terminated contract now threatening to sue me

    You cannot just lodge a caveat on someone's house. The lodger must have some sort of interest in it.
  3. Terry_w

    Buyer didn't pay deposit so I terminated contract now threatening to sue me

    Are you saying she has an equitable interest in his house? On what basis?
  4. Terry_w

    Buyer didn't pay deposit so I terminated contract now threatening to sue me

    On what basis could she lodge a caveat on their house?
  5. Terry_w

    Buyer didn't pay deposit so I terminated contract now threatening to sue me

    Renoir, the land titles offices does not do a legal analysis when someone lodges a caveat. They may do no checks at all. They just require the basis on which a person is lodging. So a lodger could write on the form that they have an equitable interest due to exchange of contract of sale. No...
  6. Terry_w

    Buyer didn't pay deposit so I terminated contract now threatening to sue me

    You did enter a contract to sell, now what if: 1. He/company takes you to court. He loses and you get a costs order - but the company has no money. 2. His company lodges a caveat - which at the moment he would be entitled to do. You try to get it removed and he ignores you, you may need to sue...
  7. Terry_w

    Buyer didn't pay deposit so I terminated contract now threatening to sue me

    There is a standard way of dealing with trusts - and that is the trustee is the person who enters contracts. There is no requirement for a person to be listed as trustee either, it could be a company.
  8. Terry_w

    Buyer didn't pay deposit so I terminated contract now threatening to sue me

    Mr Trust, first name Smith, middle name Family? What does your solicitor say about this? I have never come across this before, but would argue that having an incorrect names does not necessarily mean the contract is not valid.
  9. Terry_w

    Buyer didn't pay deposit so I terminated contract now threatening to sue me

    Factor is a few grand for the hassle and extra legal costs.
  10. Terry_w

    Buyer didn't pay deposit so I terminated contract now threatening to sue me

    What price is the buyer now willing to pay? ie how much more.
  11. Terry_w

    Buyer didn't pay deposit so I terminated contract now threatening to sue me

    It is true that a trust cannot enter a contract as it is not a legal person, it is the trustee's name that should be on the contract. But if the trustee has signed the contract then it could still be a binding contract - from that angle. If you think the laws are simple, just have a look at...
  12. Terry_w

    Buyer didn't pay deposit so I terminated contract now threatening to sue me

    Yes, very interesting. But you went along with him acting as agent so you would have given implied authority.
  13. Terry_w

    Buyer didn't pay deposit so I terminated contract now threatening to sue me

    The buyer may have a case if your agent verbally made agreements with him regarding the payment of the deposit. Even though you signed a contract the agent is acting as your agent so any representations they made could be deemed to be made on your behalf as seller. That is why it is good to have...
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