Real estate agent showed the wrong property - neighbour accidently on my property for 2 years

Discussion in 'The Buying & Selling Process' started by Ben43, 7th Jul, 2020.

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  1. Ben43

    Ben43 Well-Known Member

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    Ouch!
     
  2. Paul@PAS

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

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    My mate developed his lot with his house (25) and a battle axe (25A) with a smaller dwelling. So he eventually puts 25A on the market and it sells. New owner moves in and all is fine for several years. Then he gets a council rates notice for arrears. But he had been paying his rates. So he contacts the council who explain no, he lives in 25A. And he says uhhh no I dont. They say you need to speak to your solicitor back in the day. So he calls up Liar & deShonk the firm he used to do the subdivide and resettlement etc. Oh crap they said. Yeah we can how that could have been confusing. Ah well all should be OK as its just the rates and we can get that sorted quickly. You do live in the rear dwelling dont you. NO he says. Oh crap. Seems they mistook which lot was 25 and which was 25A despite what land titles were meant to be. The eventual land title changes were mirrored incorrectly and then it flowed on.

    So it seems they sold his lot to the other guy and each live in the others property (as per title) and each lender screwed up loans and more. He had title to the wrong lot and his neighbour owned his house. Everything that could go wrong did go wrong and the lawyers need to fix it. And NSW duty was going to be imposed so special application had to be made to correct a mistake.

    Law firm spent three months before title and mortgage docs were all corrected and all his rates payments were then switched over to the correct lots and he had a credit for his rates (a big one) The other guy had a big debt. Seems he liked someone else paying his rates and water etc and had a inkling there was a issue. Electricity was correct. Thats about all.

    I then asked about the tax calcs and seems that was also stuffed up. ATO agreed he had underpaid tax but agreed it was out of time to amend (my suggestion) and as it wasnt avoidance they couldnt fix it. He was happy with that.

    Then months later he received a notice for council to sell the property. They still had some details wrong. They were selling the neighbours lot since he hadnt paid the rates. He eventually did and has lived quietly since. He fears selling.
     
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  3. geoffw

    geoffw Moderator Staff Member

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    When my Mum worked for the council, well before I was born, she went to check on a newly built house which had been built on the wrong site.

    I don't know what the outcome was.
     
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  4. Terry_w

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

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    It must happen more than we think.
    Reminds me of once going to an ultrasound at the wrong clinic and they didn't tell me I was at the wrong place or had no appointment, they just did it. Only later did I realise the one across the road was the one I had booked into.

    Also reminds my of my mate Paul who ate a dinner they brought out by mistake and then also ate the correct one as well when that come. He then refused to pay for the first one to teach them a lesson. Not Paul the accountant but another Paul
     
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  5. geoffw

    geoffw Moderator Staff Member

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    My daughter had to have a shoulder x-rayed. She had been waiting for some weeks on the public system. She came down to Canberra especially - and when she arrived, they realised that they had prepared for the wrong shoulder. She then had to make another appointment, and wait a few more weeks.

    Sorry, decidedly off topic.
     
  6. Momentum

    Momentum Well-Known Member

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    I was at the pub and ordered a scotch and soda but they gave me a scotch and coke!
     
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  7. Angel

    Angel Well-Known Member

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    We have owned this place since the 1980s. After we purchased the block of land, with houses completed on both sides, I noticed some of OUR surveyors pegs were missing. I had paid for brand new ones when we first bought, and then i had to pay for a second set when we put in the application to build (not happy). You know how much a surveyor costs, right? After we moved in, the neighbour came over to inform us that he keeps removing my pegs because he doesn't think they matter (Hmmm, I really dont like this bloke by now).

    Later he informed us that he deliberately built our side fence inside his property and we were not to tell his wife. Why? There was this big rock in the way and he didnt want to pay for its removal, so he got the entire fence built inside where the rock was. (It gets worse) He pointed to the fence on the other side of their property which has an obvious dog leg around another huge rock.
     
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