Couple buy home and Council kick the out!

that's if the conveyancer did something wrong? am sure there would be something on the documents somewhere that says the zoning
 
Wouldn't one scan through the Section 32 before the auction or putting in an offer?

And if it wasn't Residential 1, start asking questions?
 
Interesting that the VCAT president made statements that were sympathetic yet VCAT won't help them out. A quickie nod and wink rezoning (from VCAT) would probably solve the problem for everyone.
 
cu@thetop said:
From News.com.au:

http://www.news.com.au/realestate/b...chmond-warehouse/story-fndban6l-1226640658915

At least they can sue the conveyancer.
I would try for a rezoning to mitigate my losses 1st. I wonder how this will turn out.
Click to expand...

The conveyancers job is to convey the land. If you buy land or buildings the conveyancer is hired to ensure that land is properly transferred to you. The conveyancer may not even know that they were planning to live there.

I would go the seller, developer and agent.

Overall it shows that not doing your research properly can be disastrous.
 
Hang on - every contract I've received has a section from the council outlining, in very clear listings, exactly what you can and cannot do with a property - right down to signage.

Some I've had a chuckle at - don't think I want to install an airport or slaughter house on my 600m2 block - but - it is very clearly spelled out.

I suspect that contract was not read.

Nice pad tho ...
 
Tigerboy said:
The conveyancers job is to convey the land. If you buy land or buildings the conveyancer is hired to ensure that land is properly transferred to you. The conveyancer may not even know that they were planning to live there.

I would go the seller, developer and agent.

Overall it shows that not doing your research properly can be disastrous.
Click to expand...

Actually part of the conveyancers job to ask if the purchaser will live in the property (especially in Victoria as there is a stamp duty concession on a PPOR for which the conveyancer provides the paperwork). It's also part of their job to read the contract and section 32 and they should have sufficient experience to be able to spot a glaring problem like this and advise the purchaser to at least flag the issue and seek further legal advice.

The bank should have also definitely flagged an issue (assuming they borrowed money against the property). Given all the obscure hoops their legal people make me jump through sometimes, I'm amazed they'd miss something like this. It's not the banks responsibility to advise the borrower on these problems however.

I'd be looking as to how the agent marketed the property. Their job is to sell the property for the best possible price, but if it was marketed as a residential home then they're potentially making a false advertisement.
 
PT_Bear said:
I'd be looking as to how the agent marketed the property. Their job is to sell the property for the best possible price, but if it was marketed as a residential home then they're potentially making a false advertisement.
Click to expand...

exactly my point, well said
massive difference between saying "you could live in it" and putting a household furnture in it to imply that it can be lived in, and I would bet my life that they would be saying "imagine what you could cook up in your kitchen, while boasting to friends when they come over to stay in your designer home"
 
You must log in or register to reply here.

Similar threads

K
Very bad experience with a property managers
8 9 10
Replies
187
Views
52K
kristaje
K
Jake Milne
Deer Park - Write Up
2 3
Replies
44
Views
11K
Roos1
R
The Y-man
The LeoT interview
Replies
1
Views
6K
The Y-man
The Y-man
R
Buying off the plan in North Coogee (Perth) WA
Replies
14
Views
4K
vmay
V
The Y-man
The Propertunity Interview
Replies
1
Views
185K
The Y-man
The Y-man
Back
Top