Advise on dodgy buyer

His strategy is probably to kick up a fuss about some not settle and refuse to remove the caveat without payment t for his troubles.

Removing the caveat won't be simple or cheap.

 

Interesting. This is plausible. I've been trying to work out his angle to no avail.

Any idea on how long it would take a judge to remove the caveat after the 14 day default notice expires? Given he hasn't paid a cent and can't produce any evidence indicating otherwise... I would assume that he doesn't have a leg to stand on.

Bad assumption?

 

Agreed.
Does make you scratch your head at how 'weak' the law can be when dealing with these scumbags though.

 

I don't practice this sort of law but it would be supreme court jurisdiction i imagine. Barrister material.

 

Looks like it is 30 days if you don't want to go to the Supreme Court.

4 Things you should know about Caveats | Rigoli Lawyers

 

Thanks Perth Guy.
Supreme court it is.

 

I hope it goes well.

 

Thanks folks.

Was assured by the agent that there was no risk in not getting the cheque the day of contract signing... because 'if he doesn't provide a deposit in 7 days, we can just go back to market'.

Turns out this isn't the case at all.
Lesson for others - don't trust anything that comes out of the agents mouth.

 

If someone is trying to be dodgy they will find a way. Last time I took a cheque it turned out the checkbook was stolen and the check bounced. I was sus, so I took a copy of the drivers licence (stolen) and the number plates (stolen). Passed all the info onto the police. They did not care one bit.

I would happier with an electronic transfer than a cheque but even electronic transfers can be reversed.

 

Agreed. I spoke to the Police... the response was pathetic to say the least. Provided a false receipt and was told 'it's an issue for VCAT', which is clearly not the case.

 

Have a solicitor deal with it as a Corporations Act breach. Insolvent trading is a penalty punishable v's the Director. They should agree to lift the caveat to avoid a criminal offence.

 

Hi @opal3259 is there any progress on this matter? I hope you had resolved the issue. Would you care to share what happened in the end?

 

sometimes, it is good to have a good legal firm rather than a small one, as I was using a convencency (cant spell, haha but u know what I am talking) firm, when issues came, the first action from them was to ask me to engage legal, had I engaged lawyer, at least I can get some sort of advice before I engaged an expert legal

 

Well conveyancers arent lawyers. Like expecting your doctor to do dental work

 

Not really. It's like expecting your tax accountant to give you legal advice, which they cannot do, so they refer you to a solicitor. Well, they would if they are any good.

I would not take legal advice from a conveyancer or from a tax accountant. Just like I would not ask my solicitor for tax advice. When I asked him about tax he referred me to a tax accountant.

 

Conveyancers to conveyances - transfers of property from A to B. Best not to seek legal advice from them.

Some lawyers give tax advice - I do in certain areas. Tax advise is legal advice afterall.

 

Did you have to do additional study to be able to give tax advice? I asked my solicitor about some tax matters and he referred me. He doesn't give family law advice either. We can't expect every solicitor to be a one stop shop.

 

Yes. Tax law is only taught as an option in the uni course. Family law too. I studied family law at uni, but wouldn't know enough to advise on this. In fact anything you learn at uni is not enough really. I didn't know much about wills and estates until a i did a masters on it.

 

I studied family law when I was still living at my childhood home.

Apparently, what mum says is LAW.