Browse Forums Real Estate 1 Feb 18, 2022 9:06 am Hi All, We bought a block of land in Rothwell Estate(Stage 26) Tarneit, Victoria to build a Investment property in Oct 2017.However the land has not been titled for 5 years now. The developer is now pushing us to cancel the contract and wants to refund our 10% deposit. However the land prices have gone up substantially in the area. The developer is giving us reasons that due to outfall drainage issues, they have not being granted permission to access neighboring land, so they are unable to obtain approval from council in relation to develop the property. At this stage it is unclear whether it will ever be entitled to subdivide the property as contemplated under the contract. We don't know what are our rights under these circumstances. Should we just accept the money and move forward. Or should we hire a lawyer and fight for any losses. Is anyone else in similar situation ? Please suggest. Re: Land at Rothwell Tarneit,Victoria(Stage 26) 2Feb 18, 2022 9:34 am Curious_ Hi All, We bought a block of land in Rothwell Estate(Stage 26) Tarneit, Victoria to build a Investment property in Oct 2017.However the land has not been titled for 5 years now. The developer is now pushing us to cancel the contract and wants to refund our 10% deposit. However the land prices have gone up substantially in the area. The developer is giving us reasons that due to outfall drainage issues, they have not being granted permission to access neighboring land, so they are unable to obtain approval from council in relation to develop the property. At this stage it is unclear whether it will ever be entitled to subdivide the property as contemplated under the contract. We don't know what are our rights under these circumstances. Should we just accept the money and move forward. Or should we hire a lawyer and fight for any losses. Is anyone else in similar situation ? Please suggest. speak to a lawyer for sure and understand what your options are. Developers often try to do this because they know they can get more for the land now. Unclear if your contract has a sunset clause or not, so best to chat with a lawyer and go from there. Dark matter scientist, can breathe underwater, mind reader and can freeze matter just by willing it. Trust me, its in my sig. Re: Land at Rothwell Tarneit,Victoria(Stage 26) 3Feb 18, 2022 9:35 am Curious_ . The developer is now pushing us to cancel the contract and wants to refund our 10% deposit. However the land prices have gone up substantially in the area. The developer is giving us reasons that due to outfall drainage issues, they have not being granted permission to access neighboring land, so they are unable to obtain approval from council in relation to develop the property. At this stage it is unclear whether it will ever be entitled to subdivide the property as contemplated under the contract. We don't know what are our rights under these circumstances. Should we just accept the money and move forward. Or should we hire a lawyer and fight for any losses. Is anyone else in similar situation ? Please suggest. How many lots in the estate? They will sell off the development and you'll end up paying 100% more for the same lot with someone else Get legal advice, sounds like a class action Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Land at Rothwell Tarneit,Victoria(Stage 26) 4Feb 18, 2022 9:49 am Noname Curious_ Hi All, We bought a block of land in Rothwell Estate(Stage 26) Tarneit, Victoria to build a Investment property in Oct 2017.However the land has not been titled for 5 years now. The developer is now pushing us to cancel the contract and wants to refund our 10% deposit. However the land prices have gone up substantially in the area. The developer is giving us reasons that due to outfall drainage issues, they have not being granted permission to access neighboring land, so they are unable to obtain approval from council in relation to develop the property. At this stage it is unclear whether it will ever be entitled to subdivide the property as contemplated under the contract. We don't know what are our rights under these circumstances. Should we just accept the money and move forward. Or should we hire a lawyer and fight for any losses. Is anyone else in similar situation ? Please suggest. speak to a lawyer for sure and understand what your options are. Developers often try to do this because they know they can get more for the land now. Unclear if your contract has a sunset clause or not, so best to chat with a lawyer and go from there. Thanks for replying back - There was a sunset clause which technically expired 0n 17 Oct 2020, but they sent me email on 09 Oct 2020 to extend it to Q2 2023 which we did :
Re: Land at Rothwell Tarneit,Victoria(Stage 26) 5Feb 18, 2022 9:51 am StructuralBIMGuy Curious_ . The developer is now pushing us to cancel the contract and wants to refund our 10% deposit. However the land prices have gone up substantially in the area. The developer is giving us reasons that due to outfall drainage issues, they have not being granted permission to access neighboring land, so they are unable to obtain approval from council in relation to develop the property. At this stage it is unclear whether it will ever be entitled to subdivide the property as contemplated under the contract. We don't know what are our rights under these circumstances. Should we just accept the money and move forward. Or should we hire a lawyer and fight for any losses. Is anyone else in similar situation ? Please suggest. How many lots in the estate? They will sell off the development and you'll end up paying 100% more for the same lot with someone else Get legal advice, sounds like a class action Thanks StructuralBIMGuy, There are around 50 Lots but I can't seem to find people that are affected. Can you suggest some lawyers in Victoria who take up such cases. Re: Land at Rothwell Tarneit,Victoria(Stage 26) 6Feb 18, 2022 10:01 am Curious_ Noname Curious_ Hi All, We bought a block of land in Rothwell Estate(Stage 26) Tarneit, Victoria to build a Investment property in Oct 2017.However the land has not been titled for 5 years now. The developer is now pushing us to cancel the contract and wants to refund our 10% deposit. However the land prices have gone up substantially in the area. The developer is giving us reasons that due to outfall drainage issues, they have not being granted permission to access neighboring land, so they are unable to obtain approval from council in relation to develop the property. At this stage it is unclear whether it will ever be entitled to subdivide the property as contemplated under the contract. We don't know what are our rights under these circumstances. Should we just accept the money and move forward. Or should we hire a lawyer and fight for any losses. Is anyone else in similar situation ? Please suggest. speak to a lawyer for sure and understand what your options are. Developers often try to do this because they know they can get more for the land now. Unclear if your contract has a sunset clause or not, so best to chat with a lawyer and go from there. Thanks for replying back - There was a sunset clause which technically expired 0n 17 Oct 2020, but they sent me email on 09 Oct 2020 to extend it to Q2 2023 which we did :
oof. get a lawyer. Personally i wouldnt have signed any contracts with sunset clauses. They give the developer the opportunity to do exactly this while using your deposits to get some of the prelim work done. Its hard to say if you will have any recourse as sunset clauses usually come with various caveats about limiting the liability to any losses. Weir & Strempel Solicitors (03) 9859 8719 are who ive used for all my property purchases. Check in with them perhaps Dark matter scientist, can breathe underwater, mind reader and can freeze matter just by willing it. Trust me, its in my sig. Re: Land at Rothwell Tarneit,Victoria(Stage 26) 7Feb 18, 2022 10:07 am Curious_ Thanks StructuralBIMGuy, There are around 50 Lots but I can't seem to find people that are affected. Can you suggest some lawyers in Victoria who take up such cases. Post and Bump, owners and experts will reach out to you. Sorry not in Melbourne OT, Just remember you are not buying a toaster from product review, go hard-> Damages Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs For reference, this is the Austlii reference. My take on this is, that they would be breaking the law denying access to a homeowner in Victoria, or their agent from having… 1 9360 Hey everyone Not for me or anyone I know, just generally interested. For a single allotment house, are you allowed to take the fence on both sides of your house and… 0 21066 |