How to deal with post settlement adjustment disputes/mistakes

Discussion in 'The Buying & Selling Process' started by robl, 18th Dec, 2018.

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  1. robl

    robl Member

    Joined:
    25th Sep, 2018
    Posts:
    14
    Location:
    Melbourne
    Hi all
    I settled on a property and the body corp fees were split for the appropriate quarter, but I now have a bill adjusting the BC fees to the amount it was meant to be from June 18. Therefore there is backpay required.

    I emailed my solicitor no response. Emailed the previous owners one, also no response

    Any way to deal with this? Or i wont have a chance?

    Thank you
     
  2. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,406
    Location:
    Qld
    Check your documentation. Your settlement statement should show a credit for body corporate fees from the vendor.

    If the body quarter bill had not been issued, settlement would have included an adjustment where the vendor paid you for the proportion of bc fees up to the date of sale. Then when the bill comes in, you pay the full amount because the vendor has already given you his share.
    Marg
     
  3. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,502
    Location:
    Sydney
    Its quite normal that settlement adjustments occur and are included in the price paid. Its possible that the vendor gave allowance for the arrears in a reduction to the price paid and now you are liable for the payment (since you are the owner) BUT if its OTP its also possible there was a clause which excluded this. Most developers will sneak that through (and it is legit). Or the strata wont be finalised until after the OTPs settle and later the arrears of levies get billed to the first occupancy date

    Worth review of the settlement adjustment sheet. And then have it in your hands when you speak to the solicitor so you can make sense of what they explain.

    You cant seek advice from the former owners solicitor.