Buyer might loose deposit

All sounds like an incredible hassle to me. Never been in this situation but can I ask why not just move on and find another buyer?

 

Time is money.
The principle
Etc

 

I thought that may be the case as well. You should definitely state that this argument would mean that any legal advice they gave at the time and any other contacts that they signed or witnessed would also be void.

Having said that, I would probably give them a one time offer of keeping half the deposit and them paying the commission.

 

~ Because the market could've moved, and might need to sell at a reduced price.
~ He could've passed on a serious buyer, because this contract was immediately unconditional.
~ For all intents and purposes, the agent made a sale and would want commission.
~ Finding another buyer might take weeks/months, opportunity cost etc.

And;

~ Can already be actively looking for another buyer whilst all this is still occurring.

 

I like self representation for as long as possible

When I receive a BS legal notice I break it down as much as possible into point form.

Then I draft a response to the first point and post it registered mail

As much as 4 days later I draft another letter addressing point two and post

Usually by the time I am drafting point 3 in a letter I've had a response to my first letter, so I break this down and add the new points to my list, and start sending a letter every 2 days

As each time I post a letter it costs the complainant several hundred dollars for their legal representation to "read and forward"

By my 8th letter I usually receive a letter saying "please stop sending letters"
Our client has withdrawn

 

This is the best thing i've read all week!

 

That really is fantastic!

 

There aren't many points to respond to in their last correspondence , the legal equivalent of " Bring it on " . The back story is they are personal / family friends of their client and a solicitor at a major firm and have the resources to throw at this to make it go away.

The next legal step would involve taking action in the supreme Court . Each state is different . In some , you can just claim the deposit , but not in the state involved.

The reality I have a degree of professional expertise in the area of mental health , and if they don't respond in a positive fashion to our last suggestion , I'm thinking of drafting a letter to their solicitor , pointing out the medical risks to their client of continuing their current path ( which is stone walling ) . Ironically this weekend I've just completed a continuing education update around mental health , so I am in a position to quote a whole pile of very relevant references that will leave them wondering who they're dealing with . They don't know what I do at this stage .

Cliff

 

I did this when NASCAR here in the USA sent me a cease and desist notice.........they stopped returning my phone calls and emails after a month and never heard back from them .....and i continued doing what i was doing before i heard from them

Pretty similar when Twitter sent me a cease and desist around an app i had built using their API - except that after 2 weeks we came to a settlement.......i have no idea how much they spent on legal bills but i spent $0.

 

They have in house legal, so a few weekly wages probably.

 

As they still are not sure of your work as a Doctor who has a high level of understanding mental health issues as you would see it everyday,maybe also send a letter to the link below ..
The Law Society of New South Wales Professional Standards Scheme | The Law Society of NSW


As from what my brother tells me who works within the legal system some use the mental health system as a walk away from everything card and most times it works.. imho..

 

Next we will have to pass a mental health test before signing anything!

 

I don't really get this.

Imo, trying to play the mental health card as a practising solicitor is a pretty quick way to risk getting struck off the roll of practitioners.

So I'm not sure why they would use it.

 

I need to bookmark this tactic. Brilliantly thoughts from a mad genius.

 

Our solicitor has made the comment that just because you have a mental illness , it doesn't make you exempt from the law .

Cliff

 

That was my initial reaction , but our solicitor was wary about raising it , but in a sense it's unstated .

The next step is waiting for a response which is due by the end of today .

If they don't respond in a positive way , I think my next step will not be to respond "legally "but respond with a detailed medical opinion , including statistics about the risk of suicide and my opinion about her medical diagnosis and how this will be handled as an inpatient . I think he thinks that their treating Dr will automatically give an opinion about their suitability to make decisions, but that's not something they would routinely do . The treating Dr is generally only interested in "Treating "the patient and not about giving legal opinions .The last thing most practising Dr's want to do is give legal opinions , outside , in this case , whether they are safe to be discharged home or "scheduled "against their will ( and in 30 years I've never done that ).

Cliff

 

It's nice now days with all of the legislation being available on line
Home - Tasmanian Legislation Online

To practice a solicitor has to be "suitable " and under Part 1.2 , 9 Suitability Matters
(1) Each of the following is a "suitability matter" in relation to a natural person:
........................................
(m) whether the person is currently unable to satisfactorily carry out the inherent requirements of practice as an Australian legal practitioner.

my assumption is that a court finds them unfit to sign a contract on the basis of a mental illness they would be " currently unable to satisfactorily carry out the inherent requirements of practice as an Australian legal practitioner "

Cliff

 

Under the laws of equity it could....

 

It's a bit hard to argue that they are incapable of taking instructions from a client yet are able to provide instructions to their own legal counsel.

 

There's a whole lot of this that screams BS ...

Cliff