在澳大利亚 The pool at of an IP needs to be resurfaced (or so the pool doctor says), the cost was estimated to be $10K ($10,000), after recoverying from my impresssion of a cat coughing up a fur ball, it just seems far too much. Its just a standard poo I need some advice regarding a property purchase. Property - semi-detached house Bedrooms - 2 Condition - average needs internal reno to modernise Street - one of the best in suburb Location - excellent Close to schools - yes Transport - 50m
My case is a bit complicated and I do need some advice from people here knowing people in this forum are always willing to help!
I bought a three bedroom apartment off the plan in March 2010. Now it is due to be settled on 19 July 2011. Because it is a investment property, I put a ads on Domain and found a tenant who is willing to move in after the settlement. However after signing the tenancy agreement and getting a deposit, he found out there is no storage as advitised on the domain. He didn't want to go ahead with the agreement and wants his money back. I am wondering whether I can claim the loss from the agent or the builder because I was promised by agent to have the storage and I also got the floorplan which shows I am entitled to the storage.
In addition whether I can deny the settlement as I am not getting what I signed up for. However I was told by my solicitor I am not allowed to do so as the storage is only an extra? How come a storage only an extra while everyone else in the building is getting one except me?
Only your solicitor can advise you as to whether you can get out of the contract, because if depends on the wording of the contract.
Have you talked to the developer about the lack of promised storage??
Also, as a side note, I didn't think you could legally sign someone up in a tenancy agreement until after you had actually settled on the property in question. (ie, you cannot have an agreement to lease something that does not legally belong to you.)
maybe can some one recommend me a good solicitor? I don't trust mine anymore
Who recommended the solicitor in the first place?
The real estate agent
Have you done a final inspection to make sure the place is complete, any defects, etc?
alexlee said: ↑
Have you done a final inspection to make sure the place is complete, any defects, etc?Click to expand...Not yet. But I think apart from the storage they promised, others are minor defects.
the question is does the lack of storage reduce the actual size of the house/apartment as compared to the contract for example if the contract says 100m2 living space including the storage and actual measurement of the house/apartment is 98m2 without the storage that is your get out card or rectifier
Emo21 said: ↑
the question is does the lack of storage reduce the actual size of the house/apartment as compared to the contract for example if the contract says 100m2 living space including the storage and actual measurement of the house/apartment is 98m2 without the storage that is your get out card or rectifierClick to expand...Thanks for sharing. I will update the post after reading the contract.
Yeah in contract law you can only terminate a contract for a breach if the condition that was breached is a material term in the contract. It would be hard to argue that a storage cage is 'material' that cannot be corrected with compensation for the loss of value due to the absence of such a cage.