Vendor lied on section 32 when they actually being served a Council Notice. Post settlement, they sold me the granny flat, not in original property sell, which is on the notice. What would be my chance getting back my money on the granny flat when they claim caveat emptor ?
What do you mean 'get my money back'? Are you wanting to ask them to refund you part of the purchase price which related to the granny flat? Id say zero chance probably. Once a contract settles it is generally impossible to sue for breach of contract as the contract is no longer afoot. But there may be other ways which could be costly and risky.
Thank you, Terry_w, but the flat was actually sold was sold separately after settlement. Does it mean vendor can lie however they like about section 32 and get away with it with caveat emptor ?
It is the buyers obligation prior to making a contract to ensure all matters relating to the property are compliant. Did you have a lawyer assist with searches that indicate the GF was an approved structure ? And THEN sign the contract ? Most contracts contain clauses to the effect that the buyer must make own enquiries etc This is why people sign contracts subject to P&B inspections etc. I once sold a property and the buyer inserted a condition that the contract was subject to confirmation of our new fence being council compliant. Within three days the council inspected it and it went on the record as a completed development application. Sale progressed normally.
Are you saying you bought the granny flat separate to the original contract? Did you pay cash in hand (i.e. no invoice, no receipt?) I am assuming the granny flat did not appear on the original s32? Please clarify. It makes a big difference to know all the details. The Y-man
Yes if you do not discover the like before the contract completes. Is the granny flat on separate land? If so you would not have bought it under a contract for the transfer of land and a s32 wouldn't apply. It would be a chattell - it would be like buying a washing machine.
It is on same land. Prev owner agreed to remove it but later thought too much trouble and sold it to me. Trusting section 32 is legally binding document I bought the flat. There must be penalty for lying on section 32 otherwise the document is meaningless, is there ?
Title of the granny flat is not separate from the land. Why did you not enforce your right of possession once the house settled rather than paying again for the GF?
I think I get this now. My take on the story: Prev owner put a granny flat in the yard, no approval, nudda (treating it same as a garden shed). They sold the property without the GF on title, saying they would remove it. Couldn't be bothered after settlement so did a cash in hand sale to @Alexan . @Alexan, you are basically in the same position as someone buying a second hand car from a private seller, and found it was not roadworthy ~ so probably no recourse The Y-man
Did you get legal advice? s32 is a disclosure document. Non disclosure or defective disclosure may allow the other party to terminate the contract - which you chose not to do.
If you see a structure on the property then it would be up to you to check whether it is approved or if it requires approval. We put a couple very nice shed/studios on our property as an exempt development under the SEPP. They are adjoined 20m2 sheds - but look and function like a 40m2 studio. They look they they would need council approval but they don't. Good chance the structure at this place is similar.
They obviously didn't read the s32, and (still) assumes it was on there from the way they are writing. By assuming that, they would have automatically thought soli would deal with it (wrong) and that they could claim costs (wrong). (I say "they" coz I got no idea if he/she!) The Y-man
