Hi,
Hoping someone may know the legality of the 'ownership' of the car space in the lease of my mothers property. She has dementia and is in care, I am power of attorney and have been trying to sell her apartment for 3 years -through an agent, not Aveo the village operator.
We have an offer! yea! But I spoke with the Aveo sales manager (who isn't the official 'agent') as I need to sign a form for refurbishment and he 'mentions' that the car space does not go to the new lessee. As Aveo are not the selling agent they are making no money from the deal, but it seems they want to charge the new lessee $20 k for the car space. He says the title of the car space is mostly always separate.
In my mothers lease though the car space is part of the TORRENS TITLE on lease with no separate lease for the car space, it says "Residential premises and car space" Also The disclosure statement within the lease states that the new apartments (hers was) came with included car space.
So we had the property for sale with AVEO back in 2010, 2011 but they couldn't sell it. In the correspondence with the AVEO sales team at the time they were always selling the apartment "with car space". On the phone with the Aveo sales manager today he says it was the Aveo sales team discretion to "include" the car space with the advertised property at the time and its their discretion to re-lease the property now without it included.
Is he legally correct? Can the property description in the TORRENS Title be split out when re-signing the lease considering the value paid is inclusive of the car space as a title feature?
Hope someone knows this, this is only just happened and i will be getting a solicitor (hopefully tomorrow) but I would really appreciate it is someone has some knowledge that could assist.
Hoping someone may know the legality of the 'ownership' of the car space in the lease of my mothers property. She has dementia and is in care, I am power of attorney and have been trying to sell her apartment for 3 years -through an agent, not Aveo the village operator.
We have an offer! yea! But I spoke with the Aveo sales manager (who isn't the official 'agent') as I need to sign a form for refurbishment and he 'mentions' that the car space does not go to the new lessee. As Aveo are not the selling agent they are making no money from the deal, but it seems they want to charge the new lessee $20 k for the car space. He says the title of the car space is mostly always separate.
In my mothers lease though the car space is part of the TORRENS TITLE on lease with no separate lease for the car space, it says "Residential premises and car space" Also The disclosure statement within the lease states that the new apartments (hers was) came with included car space.
So we had the property for sale with AVEO back in 2010, 2011 but they couldn't sell it. In the correspondence with the AVEO sales team at the time they were always selling the apartment "with car space". On the phone with the Aveo sales manager today he says it was the Aveo sales team discretion to "include" the car space with the advertised property at the time and its their discretion to re-lease the property now without it included.
Is he legally correct? Can the property description in the TORRENS Title be split out when re-signing the lease considering the value paid is inclusive of the car space as a title feature?
Hope someone knows this, this is only just happened and i will be getting a solicitor (hopefully tomorrow) but I would really appreciate it is someone has some knowledge that could assist.