Buyer might loose deposit

Stupid question @See Change - are you going down the specific performance or just the deposit path?

 

Deposit , which appears to be of a BS nature ....

Cliff

 

Have you relisted and looking for new buyers in the process?

 

Legally we still have a contract so , no , we can't .

If we want out , we can lodge with the supreme court for termination , or ask the other side to release us from the contract.

We own the property outright and the return is good , so by not completing , it doesn't put us under any financial stress , but it does slow the next step.

Cliff

 

I am not a property lawyer but can't you just issue a notice to complete and then termination can happen withou going to court.

 

I realise that.

We're currently waiting for a response to a suggested resolution , but if they don't respond , then we can't just say the contract is invalid and put the place up for sale.

Cliff

 

Why not?

 

Nope, FENWICK & WEST LLP were representing Twitter on this matter (keep in mind this was back in 2009 so might handle these issues inhouse now but didnt back then.

I remember looking her up and she was pretty senior eg but who knows with law firms.....probably associate being billed out at partner rate and all she was doing was signing the outgoing letters and attending the conference calls etc.

The NASCAR matter was in house counsel though.

 

Do you get to send them an additional bill over and above the 10% deposit for your legal costs to get the matter heard in court?

 

Only if it goes to court, gets a hearing, is successful and costs are awarded to the plaintiff. If it goes to mediation, you wear your costs

 

Tasmania .

We need their agreement to walk away from the contract with no compensation and just to get it terminated with out any compensation , we still need to make an application to the Supreme Court .

Unfortunately we weren't made aware of that at the beginning , but we won't go there ....

Cliff

 

That sort of reflects in more black and white terms on what's happening ,just a pity the offering the olive branch
process and if everyone from the agents down are on the same page and all work constructively together everyone just walks away..good luck..

 

Hi Stoffo , after a degree of reflection I have gone down this path , though not fully

I had a chat to our solicitor yesterday and asked her the Question

Would someone self representing themselves , who is knowledgeable , has relevant expertise in the matter at hand and too much spare time be a solicitors worst nightmare ?

She laughed and said Yes .

Last night I composed my first three page letter .

While not self representing , I've indicated to the other side that my solicitor has agreed to me assisting in the preparation of the case . I've documented my relevant expertise in the area and then outline in medical terms the impact that continuing with the case , not settling would have on his client in terms of their mental health and life in general .

Just running it my our solicitor to make sure I haven't committed any major legal bo bo's .

The irony of the situation , we've had a pretty Sh--it last 18 months , loosing 3 parents and having too many hurdles to count to overcome . This morning I felt quite energized by the action we're talking and will be almost disappointed if it doesn't go ahead . We've had multiple conversations over the last few days and a couple of restless nights , but are coming to the conclusion , that being involved in a legal case , as long as we're well aware of the costs involved and can manage the stress it will cause , it might be a good thing in terms of personal development.

We are approaching retirement , and I saw an interesting description of our phase of life being , you can either degenerate or regenerate . sometimes a challange can be a good thing , as in the old " art of war " saying , that which doesn't kill me , makes me stronger .

Cliff

 

A psychologist I once worked with told be that it really didn’t matter what decision I made in any situation, I would know by my reaction to the decision whether it was the right one.

From your reaction to your decision, you are clearly on the right path, for you. Others may decide differently, and that may be right, for them.

Looking forward to updates.

 

I would have set the medical issues aside. They played that card. Its not the game you signed up for. They will see you as soft and pursue this knowing you will compromise your stance. They will bet you will agree to a part deposit loss rather than chase the lot.

I have had tax clients ask this of negotiations with the ATO. The answer we give is no. You will say or do something to harm a legal position. The law has strict tests to void a contract. A judge wont care for your views either sorry.

I see your thinking. I bet they dont think of your anxiety over this issue.

 

Paul I'm thinking you are misunderstanding the position

I'm not concerned about my anxiety . My concern is the mental health of their client who is a solicitor and is a "close family friend " of the solicitor representing them , and probably is suffering from Bipolar . If they are declared mentally incompetent , they would not be a satisfactory person to continue practising as a solicitor . The risks to their client are considerable and I'm pointing this out . If they chose to ignore the mental health risks to their client , having pointed them out to them , I'll have NO issues with taking action against them if they want to approach it strictly from a legal stand point .

But as a Doctor , I'm happy to provide appropriate educational to the other side , about the risks to their client , especially the dramatically increased risk of suicide . ( statistics provided ) .

We have suggested a very reasonable compromise .

Cliff

 

Best of luck Sea Change!

It’s a fight worth fighting, I think their should be ramifications for people that walk away from contracts. If we can’t rely on contracts the protect us, then they quickly become useless if there is no trust that they will be enforced.

Having said that, I’d try to stick to the legal approach/ focus on the contract terms rather than your medical opinion. Although you are a doctor, I’m not sure your medical opinion would have much standing in a case that you are a party to, especially as they are not your patient.

You also need to be careful about pointing out the ramifications to their practising certificate. This could be seen as threatening them. I had an issue with a service provider recently and wanted to send them a letter saying I would report them to their professional institute and my lawyer pointed out that I could get in trouble for threatening them.

Stick to the facts and don’t make your arguments emotional. It will make a much more compelling argument if it ends up going to court. Don’t forget any letters or correspondence you send now can be used in court later so make sure it’s factual and not aggressive.

Best of luck and please let us know the final outcome!

 

Best of luck with this. I'd hate to think they'd get away with it.

 

I sent a letter directly to their solicitor , but ran it past our solicitor first . She did advise me to keep any specifics of the evidence our agent is prepared to give out of the letter but otherwise thought it was fine .

I did ask their solicitor to include me in any further correspondence . Interestingly he has sent a further email to our solicitor ( not in response to my letter ) but didn't cc it to me . That could be interpreted in several ways ...

Cliff

 

Quote..
That could be interpreted in several ways .

They would know by now dealing with your Solicitor and you being a Doctor ,who the Solicitor sounds is someone who has under-promised and will over-deliver just before lobbing the first legal hand grenade ..