Developer dilemma

Discussion in 'Legal Issues' started by ralph1, 5th Sep, 2015.

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  1. wylie

    wylie Moderator Staff Member

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    I would ask more questions.
     
  2. CU@THETOP

    CU@THETOP Well-Known Member

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    I wouldn't be selling to anyone else until you have put the option to death. Signed 9 months ago but you can bet your Mark Rolton that the developer has a clause allowing them to unilaterally extend that time frame. I don't know the price or details but when a developer calls it won't usually be for best price and Cahoots Real Estate agency won't be putting it to the open market.

    If it were me and I found myself stuck under an option I would look to renegotiate. First I would terminate all agreements in the proper fashion. Let the agent scream about being owed commission. The developer can either put the price up ("the market has moved mate so let's do what's fair for me and fair for you") or the agent can shave their commission.

    Personally I don't trust an agent who makes approaches on behalf of a developer and then has you sign an agency as Principal. Why can't they use a buyer's agent like everyone else on the forum.

    There's a few lawyers on the forum that sound competent- spend a few quid and use one of them.
     
    Terry_w likes this.
  3. ralph1

    ralph1 Active Member

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    Thanks CU@THETOP.
    If there are any lawyers on here who are familiar in this field would you be able to PM me so we can discuss in more detail.
    I'm not looking for a free ride, I'm looking for some paid advice
     
  4. ralph1

    ralph1 Active Member

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    Thank you everyone for your thoughts.
    I'm out looking for a Brisbane based lawyer as we speak.
    Cheers
     
  5. sanj

    sanj Well-Known Member Premium Member

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    I woulf consider it entirely irrelevant. The DA is in no way binding, id be free to throw it in the bin and start again. If anything, if it's a tight site and the DA is decent it would give me a bit of confidence of getting a decent result
     
    hobo likes this.
  6. sanj

    sanj Well-Known Member Premium Member

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    Try @RPI He is a Brisbane based solicitor and planner and would know this stuff inside out.
     
  7. ralph1

    ralph1 Active Member

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    Thanks Sanj

    I spoke to the council yesterday and they said the DA has now lapsed, hopefully problem is now solved.

    I'll keep your advice in mind if it all goes pear shaped.

    Cheers
     
  8. sanj

    sanj Well-Known Member Premium Member

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    No problem but as i said before a DA isnt binding so the fact the property had one before was in no way a problem for you
     

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