Urgent help needed

[bronze]

Hi there,

I signed a contract and paid a 10% deposit on an off the plan unit in Queensland a number of months ago.

Whilt googling the address I just noticed the site is up for a mortgagee auction in the next week or so.

My question is, what can I do to get my deposit back 30k!, if anything.

I dont think any building has taken place as yet and it is being offered for sale with the picture of the origonal development and da approval.

Has anyone had this happen to them and what was the result,

cheers

 

[yo yo ma]

Contact the queensland Department of Fair Trading and ask for their advice... also contact your solicitor.

http://www.consumer.qld.gov.au/oft/...1EBF4A256B66001AF8AC?OpenDocument&L1=About+Us

 

[James Allen]

Normally your deposit should be held in a trust account by the licensed REA that filled in the REIQ contract you signed until settlement. You should have received a trust account receipt for the deposit.

The builder shouldn't have had access to this money and if the site does go ahead under a new owner I would think they would need to give you a new contract as the seller had now changed.

I suggest you just call the agent on the contract and ask them whats going on.

 

[bronze]

Thanks for the replys,

I'm just waiting for my solicitor to look into the matter!

 

[MoreIPs]

Caveat, Caveat, and Caveat Again!!!!!

 

[Jason Rose]

I agree with all of the above.

The deposit would be held in a trust account. this deposit can only be released if both parties agree.

The office of fair trading & your solicitors should also advise you on the next steps.