When the little things go wrong.....

Discussion in 'Legal Issues' started by Scott No Mates, 31st May, 2018.

Join Australia's most dynamic and respected property investment community
Tags:
  1. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,248
    Location:
    Sydney or NSW or Australia
    A very rare but painful stuff-up by (possibly the solicitors) has lead to the purchasers living in (owning) the wrong houses.

    Linky

    No one is taking the blame for this stuff up.
     
  2. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,997
    Location:
    Australia wide
    It has happened in Australia too. can happen when land is subdivided.
     
  3. Paul@PAS

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

    Joined:
    18th Jun, 2015
    Posts:
    23,536
    Location:
    Sydney
    My mate had this happen. Not rare. He subdivided lots so 25 and 25a. After many years he sold rear lot. Took years before his neighbour fell into rates arrears...billed to him before penny dropped.

    His lawyers fixed it after a year. No charge. They knew negligence would be argued. Since they fixed it there was no issue

    I like to draw pictures for subdivs and share it with client. Hard to confuse lots when you draw a picture
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,248
    Location:
    Sydney or NSW or Australia
    But are you a surveyor qualified to provide that type of advice? :rolleyes:

    I rely on the survey document to depict the site, the contract to describe the site and my consultants to check the information that they have been provided.
     
    Perthguy likes this.
  5. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,997
    Location:
    Australia wide
    I recall a case where someone built a house on someone else's block and it was complete before they realised.
     
  6. JDM

    JDM Well-Known Member

    Joined:
    19th Jan, 2016
    Posts:
    465
    Location:
    Brisbane
    Can you imagine that happening?!

    In Queensland, our conveyancing protocol requires us to send the survey plan (or proposed plan) to our clients with their lot highlighted for them to confirm the contract relates to the property they think they are buying to try and overcome this issue.
     
  7. jrc

    jrc Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    260
    Location:
    Regional NSW
    Getting a registered surveyor to do an ID survey would also be good practice
     
  8. Paul@PAS

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

    Joined:
    18th Jun, 2015
    Posts:
    23,536
    Location:
    Sydney
    I cant draw a straight line.
     
  9. MTR

    MTR Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    27,859
    Location:
    My World
    Yes it has, unbelievable.
     

PFI provide our clients with the opportunity to purchase an investment property, together with performing equity investments from a wide range of ASX listed securities some providing monthly income. This is the value of advice.