Browse Forums General Discussion Re: Land purchasing dispute, any advice? 5Dec 14, 2015 6:54 pm Build thread viewtopic.php?f=31&t=81011 Re: Land purchasing dispute, any advice? 10Jan 03, 2016 4:53 pm weekend_warrior00 The easement is required to be listed in the Encumbrances section of your contract. An easement will affect the value and future saleability of your block and its a turn off for many buyers. its easy to work out what value its affected. lets say you paid 600,000 for a 600sqm block, and the easment covers an area of 50sqm then the value of that eeasment is 50,000. another method is to use the unimproved land value of the block. I had this same problem when buying in Queensland. Selling Agent did not disclose the easement to any future buyers nor was it listed on the contract. I had a council map with me showing the easement, needless to say we did not buy. find yourself a Lawyer, pay him 500 odd dollars to knock up a "without Prejudice" letter informing the seller about this issue and give them the option to either accept a rescission of the contract on the basis that all withholding funds will be released OR agree to a revised price to refect the easement. mark it "Without Prejudice" so as to aviod the seller or their solicitor in using it against you. It also leaves you the option to continue with the sale as normal. Thanks for your patient reply and practical suggestions! But, I do not know any laywers that can finish the letter with only 500 dollars. So do you have any recommendations on the solocitors? Re: Land purchasing dispute, any advice? 11Jan 04, 2016 1:35 pm charles_2016 Thanks qebtel, There is a clause written in the contract that the vendor can change the plan of subdivision without grant the right to the purchasers rescinding the contract or asking for compensation. It is foolish to sign something like this. The idea of a contract is to rigidly set out what both parties expect from their agreement. It is not to have a dynamically changing set of circumstances to benefit one party. charles_2016 However, my case is not under this clause as the revision had occurred before contract became valid. A contract has force when all parties sign , thereby instantiating (executing) it. The contract was not executed when you signed it in Oct, but in Dec when the vendor signed it. charles_2016 By the way, according to your experience, does this easement affect the value of the land and approximately how much will it affect according to the info provided? Regards You cannot calculate the depreciating effect of an easement through simple math. Its is more to do with its actual impact on the usability of the land, and since it sounds like you are on a 14m wide block in Melb ? the land probably has substantial worth. Two less frontage metres can dramatically alter the plan options available to someone wishing to build. The value could easily be affected 20-30% or more . No offence, but From what you say, this has been handled very poorly from your end, not the least of which is that you appear to be sitting on the issue right now. With that type of clause in the contract, the vendor obviously wants to "have it all over you", so time to bite the bullet. See a solicitor immediately, any solicitor, and hang the cost. It may be that you do not have a leg to stand on, but if you do, its imperative to start legal action ASAP if you want to rescind the contract and get your deposit back. Re: Land purchasing dispute, any advice? 12Jan 06, 2016 5:55 pm charles_2016 weekend_warrior00 The easement is required to be listed in the Encumbrances section of your contract. An easement will affect the value and future saleability of your block and its a turn off for many buyers. its easy to work out what value its affected. lets say you paid 600,000 for a 600sqm block, and the easment covers an area of 50sqm then the value of that eeasment is 50,000. another method is to use the unimproved land value of the block. I had this same problem when buying in Queensland. Selling Agent did not disclose the easement to any future buyers nor was it listed on the contract. I had a council map with me showing the easement, needless to say we did not buy. find yourself a Lawyer, pay him 500 odd dollars to knock up a "without Prejudice" letter informing the seller about this issue and give them the option to either accept a rescission of the contract on the basis that all withholding funds will be released OR agree to a revised price to refect the easement. mark it "Without Prejudice" so as to aviod the seller or their solicitor in using it against you. It also leaves you the option to continue with the sale as normal. Thanks for your patient reply and practical suggestions! But, I do not know any laywers that can finish the letter with only 500 dollars. So do you have any recommendations on the solocitors? Ring around your local area and find a solicitor that has experience in property law, there should be plenty. Be prepared to wear the cost as like mentioned already, it may be time to bite the bullet. The solicitor who drafted and pitched my letter was the same firm who covered the conveyancing for all of my properties. Re: Land purchasing dispute, any advice? 13Feb 01, 2016 2:03 pm weekend_warrior00 charles_2016 weekend_warrior00 The easement is required to be listed in the Encumbrances section of your contract. An easement will affect the value and future saleability of your block and its a turn off for many buyers. its easy to work out what value its affected. lets say you paid 600,000 for a 600sqm block, and the easment covers an area of 50sqm then the value of that eeasment is 50,000. another method is to use the unimproved land value of the block. I had this same problem when buying in Queensland. Selling Agent did not disclose the easement to any future buyers nor was it listed on the contract. I had a council map with me showing the easement, needless to say we did not buy. find yourself a Lawyer, pay him 500 odd dollars to knock up a "without Prejudice" letter informing the seller about this issue and give them the option to either accept a rescission of the contract on the basis that all withholding funds will be released OR agree to a revised price to refect the easement. mark it "Without Prejudice" so as to aviod the seller or their solicitor in using it against you. It also leaves you the option to continue with the sale as normal. Thanks for your patient reply and practical suggestions! But, I do not know any laywers that can finish the letter with only 500 dollars. So do you have any recommendations on the solocitors? Ring around your local area and find a solicitor that has experience in property law, there should be plenty. Be prepared to wear the cost as like mentioned already, it may be time to bite the bullet. The solicitor who drafted and pitched my letter was the same firm who covered the conveyancing for all of my properties. I called a lawyer firm, found that the cost will be 2000$ only finishing the WITHOUT PREJUDICE LETTER. If I would like to hire them negotiating with the vendor, the cost will be 5000$ minimum. What is more, they do not guarantee anything. Is it reasonable? Re: Land purchasing dispute, any advice? 14Feb 08, 2016 7:52 pm charles_2016 weekend_warrior00 charles_2016 Thanks for your patient reply and practical suggestions! But, I do not know any laywers that can finish the letter with only 500 dollars. So do you have any recommendations on the solocitors? Ring around your local area and find a solicitor that has experience in property law, there should be plenty. Be prepared to wear the cost as like mentioned already, it may be time to bite the bullet. The solicitor who drafted and pitched my letter was the same firm who covered the conveyancing for all of my properties. I called a lawyer firm, found that the cost will be 2000$ only finishing the WITHOUT PREJUDICE LETTER. If I would like to hire them negotiating with the vendor, the cost will be 5000$ minimum. What is more, they do not guarantee anything. Is it reasonable? Can you use the same firm that did your convayancing? they may offer a discounted rate? I would have thought you would be able to find something cheaper..... is that the cheapest of quotes you've recieved? (get a minimum of 3-4 quotes) you could get the letter drafted and sent through, anything else from then on you may be able to handle if your up to the task. I suggest one of the following options: 1. take it as it has happened, move on as lesson learnt 2. cough up the fee for the legal assistance and get what money you can back from the deal. (less the legal fees) 3. cough up the fee and hope you can proceed at a revised sale price. (less the legal fees) Building Standards; Getting It Right! 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