NSW Can she change PM?

Discussion in 'Property Management' started by stvincets, 27th Jun, 2019.

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  1. stvincets

    stvincets Member

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    I have a friend Sarah who asked me a question.

    She has a half share with another lady Maria , in a IP in NSW north coast,

    The property a 3 bedroom house is managed by a local Real Estate agent.

    My friend Sarah is now not on talking terms with Maria.

    Sarah wants to change property management, but can she , without Maria ‘s permission?

    There is currently no lease on the IP, it ended some months ago.

    The PM never returns Sarah’s calls or emails, Sarah wants to change to another PM that she knows but the current PM has emailed her to say that she needs permission from Maria

    She would like to know how legally she can change?
    AND with no lease , ( the lease ended) can she change to another Pm without maria agreeing.
    She says the current PM is rude, and told her she cannot change Property managers as her other half share doesnt agree

    What is the Law regarding this in relation to changing property managers owning a half each in a IP
     
    Last edited: 27th Jun, 2019
  2. Trainee

    Trainee Well-Known Member

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    What you all met at a buy with friends seminar and now you all hate each other?
     
  3. serendip

    serendip Well-Known Member

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    Helpful
     
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  4. TMNT

    TMNT Well-Known Member

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    Thats a bit of an unecessary comment
     
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  5. The Gambler

    The Gambler Well-Known Member

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    So it's another one of those test questions, is it?

    If it's not, the OP might want to think about a career in writing test papers. Might need somebody to help with the commas though...
     
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  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    There was a very simillar question posted here in the last week or so. Perhaps it was Sarah asking the same thing.

    I answered the other one - you need both owners to contract. If they cannot agree you would need to stay as is, or get a supreme court order to appoint a trustee and sell the property perhaps.
     
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  7. Rugrat

    Rugrat Well-Known Member

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    Must be assignment time. Its amazingly eerie how similar these questions from new members are...
     
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  8. Dean Collins

    Dean Collins Well-Known Member

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    Its not wrong though now is it.

    The short answer is no....your friend cannot change the PM when she only owns half the property. She should ask to get bought out/or offer to buy her friend out/or stop being a child and ask her investment partner to explain to the current PM that she must respond to both owners / OR she should ask her investment partner to change PM due to nature of calls not being returned.
     
  9. spludgey

    spludgey Well-Known Member

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    I'm going to buck the trend. I'm going to say that your friend probably can change PMs by herself, but she's probably not allowed to do so. (If it was me, I'd still consider doing so and living with the outfall)

    But a far better option would be for you to try and speak to Maria. You care enough to post on a forum, so do you care enough to pick up the phone?
    It's in everyone's best interest to change PMs and surely unless they're extremely vindictive, they'll agree to do so.
     
  10. skater

    skater Well-Known Member

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  11. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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  12. skater

    skater Well-Known Member

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    Yes, there's that.....but I don't get the change in scenario. In two of them the OP has said it's their property. In this one, all of a sudden it's a 'friends' property.

    Either way, you don't need three threads. It won't change the answers.
     
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  13. stvincets

    stvincets Member

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    Yes it is lol, thanks
     
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  14. Dan Wood

    Dan Wood Well-Known Member

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    The twist, OP is Maria.

    Boom.
     
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  15. Scott No Mates

    Scott No Mates Well-Known Member

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    This sounds like question for the Dept of Births, Deaths & Marriages not a property question as title is not linked to gender. If OP decides to change, it's up to her to notify Dept BDM.
     
    Last edited: 28th Jun, 2019
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  16. Trainee

    Trainee Well-Known Member

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    Once you think someone is not being truthful, the magic is gone.
     
  17. Scott No Mates

    Scott No Mates Well-Known Member

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    I didn't realise there were sparks between you two. :oops:
     
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  18. D.T.

    D.T. Specialist Property Manager Business Member

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    I'm guessing this is another person with a real estate license course assignment they want help with? :p

    Need all parties on the title to sign management contract.
    Not sure which state its for, but the lease dates are irrelevant here.
     
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  19. The Gambler

    The Gambler Well-Known Member

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    Why didn't the OP just come out and say it's for an assignment instead of poorly trying to trick us into thinking it was real? Then trying to brush it off by saying LOL instead of sorry.

    Charming...
     
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  20. spludgey

    spludgey Well-Known Member

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    Should get banned, if that's actually the case.
     
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