Was I tricked? RE off the plan purchase

Discussion in 'The Buying & Selling Process' started by VinMariani, 29th Mar, 2016.

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  1. datto

    datto Well-Known Member

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    I think the govt should ban brown paper bags in order to stamp out cash under the table transactions.
     
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  2. Skilled_Migrant

    Skilled_Migrant Well-Known Member

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    or better still the tables.
     
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  3. Jake Milne

    Jake Milne Well-Known Member

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    Wow, cannot believe this story; plenty of solid advice here already - good luck with it all.
     
  4. datto

    datto Well-Known Member

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    Glass tops should be OK.

    "Hey, where's that hand going ! lol"
     
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  5. Ed Barton

    Ed Barton Well-Known Member

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    Could tie in with the shortest marriages thread.
     
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  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Are you sure that the 2nd payment wasn't the dowry?
     
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  7. VinMariani

    VinMariani Well-Known Member

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    Small update.

    The lawyer is asking me to deposit just over $500 into their trust fund. And upon reading their standard costs disclosure, it says I may need to pay around $2000.

    This seems like fair price for the work ahead?
     
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  8. larrylarry

    larrylarry Well-Known Member

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    I don't think you can afford to shop. You want the proper advice at this stage and to navigate through this mess.
     
  9. Big Will

    Big Will Well-Known Member

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    Spend $2,000 to get back $25,000 sounds worth it.

    As to if it is fair cost don't know the complexity and am not a lawyer but go speak with another firm if you are thinking it is unreasonable. Just remember time is of the essence :)
     
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  10. Guest

    Guest Guest

    I hope they have not asked for the balance 'under the table' :p

    Interesting thread, hope you keep us apprised and get your $ back.
     
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  11. Terry_w

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

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    It all depends how much work is involved. This may be resolved by a simple letter which takes an hours time.
     
  12. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    Sounds fair. $2k is probably high, given she is asking for $500 then it will probably come in at $1k. A phone call and a letter to follow up should resolve if the agent is smart.
     
  13. JDM

    JDM Well-Known Member

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    I don't know what is included within the scope of the $2k quote, however it seems quite reasonable assuming it includes everything required to recover the funds. I would expect:

    1. liaising with you to establish the facts
    2. reviewing correspondence and supporting evidence to consider what remedies you may have
    3. potentially reviewing the contract for unit two to determine if you have rights of termination
    4. drafting a letter to the agent requesting a refund of the $25k
    5. potentially drafting a letter to the seller's solicitor terminating the second contract.

    Overall I would likely charge around $2k for the above but I have generally worked at firms that charge on the higher end. Paying $500 into trust is also quite normal so I would not be concerned about that.
     
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  14. VinMariani

    VinMariani Well-Known Member

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    Small update.

    My lawyer has emailed the property manager an email basically asking nicely to return the $25000 by the end of this week.

    I have also texted her to ask to follow up on email.

    So far she has not replied and is keeping silent.

    If she tries to be difficult (and i think she will be) what is my then course of action?
    My lawyer said that this is not her money and she must give it back. That's all and well but how likely am I to force pressure on her to return the funds? It's not like I can call police and arrest her and put pressure on her. If the bank send her money in error and she refused to return it, she would get arrested on the spot (funny how our legal system works).

    I am concerned she might agree to pay me back in small instalments... over the next 20 years or whichever. Is this possible? How likely am I to get the entire $25000 in one payment?
    Feeling annoyed and upset now.
     
  15. Terry_w

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

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    Sue her.
     
  16. Nick Valsamis

    Nick Valsamis Well-Known Member

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    Fair Trading should be able help in these matters to get your money back. Could try ASIC as well if there is no luck.

    That's what I would try anyway.
     
  17. Wukong

    Wukong Well-Known Member

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    Go on 60 minutes
     
  18. VinMariani

    VinMariani Well-Known Member

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    Thank guys. ACA would love to hear from me about this woman for sure too.

    I wait until next Monday and then if money is still not returned, I will consult my lawyer and take it from there.
     
  19. Wukong

    Wukong Well-Known Member

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    Well done PC in solving yet another problem!
     
  20. Redwood

    Redwood Well-Known Member

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    Interesting reading - keep us posted with the outcome.

    Cheers Ivan