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Residence in Commercial Zone - Melbourne

Discussion in 'Legal Issues' started by Dazedmw, 3rd Dec, 2015.

  1. Dazedmw

    Dazedmw Well-Known Member

    Joined:
    7th Jul, 2015
    Posts:
    58
    Location:
    Melbourne
    Hi all,

    A few years ago this was being reported:

    The $1.85 million Richmond warehouse ‘residence’ at centre of eviction dispute had “longstanding ban” on dwelling use

    Where the purchasers lost their appeal to VCAT to live in their converted warehouse which was in a commercial zone. There were threats to sue the agents and conveyancers etc at the time.

    The property resold earlier this year and I just came across the sale price which was significantly less than it was purchased for as a residence. I have done some searches but can't find any record of subsequent court action etc against the agents or conveyancer.

    Anyone have more information on what come of this?
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,569
    Location:
    Sydney or NSW or Australia
    Court cases can take a long time to come to trial, many get settled beforehand by negotiation/mediation (eg. where litigation will not achieve the desired result).

    How much due diligence did the purchaser undertake - did they read the S149 zoning certificate/have it explained to them that they were purchasing a warehouse, in a business zoning? How did they get around paying gst on the sale - ie was it a 'going concern'? or the sale of residential property? Were they complicit in the deception to avoid paying gst?
     
    Last edited: 3rd Dec, 2015