Hi All,
Need someone to help me out. Here is my situation.
About last year, I purchased a property OFT. I admit I was a bit naive and just did not do my due diligence. It is a student accomodation in Swanston St. Anyway, to cut the long story short, I was advised by the vendor that the settlement date was delayed as they found some asbestos while tearing down the old building. They needed to clean it up. They sent me a letter advising that I AGREE on the change of the date. I did not sign this letter. Instead, I wrote a letter to them saying that I do not agree with the change of the settlement date. I also indicated that I do not agree with the change of date on my contract. The vendor changed the date when I signed my contract, by about a month. This was done without my permission. I did not hear from them.
A few months later, I followed this up with my solicitor who said he cannot guarantee that they will not sue me. Suggested instead that he speak to the vendor to lower the cost of the property by the amount I have incurred on my deposit bond (w/c was about 2k). I said okay, write to them and see what they have to say. They did not reply. A couple of months later (this happened this year), we wrote again to the vendor, no reply. The third letter we wrote to them stated that we would take their inaction as agreeing that the purchasor (me) withdraws from the contract. Then the finance group which has provided the deposit bond rings me to say I need to extend the bond as the vendor is calling upon it already. I said, no, I will not be cowed into signing something I do not agree with. I haven't heard from them since.
My solicitor is not bad in terms of conveyancing and all. But I think I need someone more of a property law specialist to make sure I exit clean. I want to have a good view of what the worst case scenario is for me and how I can deal with this. I do not my arm twisted by anyone. Is there some law that protects the buyer on situations like this?
Can anyone please advise.
Thanks to all.
Alexa
Need someone to help me out. Here is my situation.
About last year, I purchased a property OFT. I admit I was a bit naive and just did not do my due diligence. It is a student accomodation in Swanston St. Anyway, to cut the long story short, I was advised by the vendor that the settlement date was delayed as they found some asbestos while tearing down the old building. They needed to clean it up. They sent me a letter advising that I AGREE on the change of the date. I did not sign this letter. Instead, I wrote a letter to them saying that I do not agree with the change of the settlement date. I also indicated that I do not agree with the change of date on my contract. The vendor changed the date when I signed my contract, by about a month. This was done without my permission. I did not hear from them.
A few months later, I followed this up with my solicitor who said he cannot guarantee that they will not sue me. Suggested instead that he speak to the vendor to lower the cost of the property by the amount I have incurred on my deposit bond (w/c was about 2k). I said okay, write to them and see what they have to say. They did not reply. A couple of months later (this happened this year), we wrote again to the vendor, no reply. The third letter we wrote to them stated that we would take their inaction as agreeing that the purchasor (me) withdraws from the contract. Then the finance group which has provided the deposit bond rings me to say I need to extend the bond as the vendor is calling upon it already. I said, no, I will not be cowed into signing something I do not agree with. I haven't heard from them since.
My solicitor is not bad in terms of conveyancing and all. But I think I need someone more of a property law specialist to make sure I exit clean. I want to have a good view of what the worst case scenario is for me and how I can deal with this. I do not my arm twisted by anyone. Is there some law that protects the buyer on situations like this?
Can anyone please advise.
Thanks to all.
Alexa
