Browse Forums Home Finance 1 Apr 15, 2009 9:37 pm Hi Guys my settlement is due tomorrow; however the owner came to my solicitor(who is useless as bull's ****) today and mentioned that there is a one off special levy of 3000 AUD i need to pay. We have done the strata search before signing the contract and this special levy doesn't exist and the owner didn't mention anything about it till today. My solicitor doesn't know anything apparently; anybody has been into this situation before. What are my rights here. I will need to get another solicitor is this situation didn't clear by tomorrow. Thanks in advance. Re: Urgent Help; Settlment Tomorrow 2Apr 15, 2009 10:13 pm what is the "special levy", your soly must have explained it to you? A thankful person is a happy person. [/color]My hobby design blog: http://aviewondesign.blogspot.com/ Re: Urgent Help; Settlment Tomorrow 4Apr 15, 2009 10:27 pm RubyMan All i got from him is that this levy is for the bank that financed the unit for the current owner. the current owner is a company and this company is in receivership. That's what you are paying your solicitor to do - make them do their job 'A bottle of wine contains more philosophy than all the books in the world.' Louis Pasteur Vegie garden: viewtopic.php?f=19&t=27637&start=0 My Backyard Adventure Re: Urgent Help; Settlment Tomorrow 5Apr 15, 2009 10:33 pm it seems your whole home purchase/finance has been fraught with irregularities (eg ******* broker, sloppy soly) I feel sorry for you. But I agree with Lisa, that if you don't understand why you have to pay it (eg. a "levy" for a company gone into receivership??? wtf) then make your soly explain it. I certainly don't think it is fair or reasonable to give this information 1 day prior to settlement. How are you supposed to raise those funds with such short notice. I would have thought the purchase price is the amount you signed/agreed to. Where is their legal right to increase that amount? If it is a cost, then your soly has some explaining to do, why he has taken so long to find it? A thankful person is a happy person. [/color]My hobby design blog: http://aviewondesign.blogspot.com/ Re: Urgent Help; Settlment Tomorrow 6Apr 16, 2009 7:30 pm It wasn't a straight forward as i had a problem in everything single thing related to that (starting from ******* people to bank valuations) but at the end i got the property so i won't complain too much about it. The soly today mentioned that this is a special levy for the body corporate and i am liable to pay it as it was imposed after i signed the contract, still doesn't make sense to me as i didn't attend any body corporate meetings or was even invited and the funny bit is that the body corporate now is owner company which is in receivership as they have just started to sell some units in the building, but this will be another battle after i move in and i got my mind clear and ready for those crocks. Re: Urgent Help; Settlment Tomorrow 7Apr 16, 2009 7:42 pm well RM, at least it's settled. That body corp of yours sounds a bit odd. Mind you, if I am correct, body corps have no right to demand anything. It is the vendor who has demanded this fee be paid, the body corp will only (legally) chase the current owner at the time of the debt. Therefore, I do not believe for one minute that this fee had to be paid today. hhmmm maybe you're right about your soly too! Annie A thankful person is a happy person. [/color]My hobby design blog: http://aviewondesign.blogspot.com/ Re: Urgent Help; Settlment Tomorrow 8Apr 16, 2009 8:03 pm well; i emailed him today and mentioned that i will need to see a proof on that levy in writing and made it very clear that i will sue him and the vendor if i i found that things are not adding up. I got a reply back from him with couple of act clauses mentioning that the purchaser is liable for any levies as long as it was imposed after signing the body corporate(doesn't make any sense to me). I reckon he wanted to his fee and that is why he made things easy for the vendor so we can just finish off the settlement. life is just a sequence of endless challenges, but i will never leave it without a fight. Thanks guys for your support. Re: Urgent Help; Settlment Tomorrow 9Apr 16, 2009 9:11 pm RubyMan well; i emailed him today and mentioned that i will need to see a proof on that levy in writing and made it very clear that i will sue him and the vendor if i i found that things are not adding up. I got a reply back from him with couple of act clauses mentioning that the purchaser is liable for any levies as long as it was imposed after signing the body corporate(doesn't make any sense to me). I reckon he wanted to his fee and that is why he made things easy for the vendor so we can just finish off the settlement. life is just a sequence of endless challenges, but i will never leave it without a fight. Thanks guys for your support. that's exactly right. You may be liable for their fees, but in no way do they have the right to force you to pay it prior to settlement. I believe you have been misled. I'm not saying you can get out of the payment, that may be legally true, but they could NOT DEMAND you pay it in the fashion they did. Ask your soly why it HAD to be paid prior to settlement. I bet he won't have a reason. A thankful person is a happy person. [/color]My hobby design blog: http://aviewondesign.blogspot.com/ Re: Urgent Help; Settlment Tomorrow 10Apr 16, 2009 9:17 pm Why were the conditions and anomolies not declared at O&A or was this troubled too? Where you are coming from is where you are going to... Re: Urgent Help; Settlment Tomorrow 11Apr 16, 2009 9:19 pm onc_artisan Why were the conditions and anomolies not declared at O&A or was this troubled too? hi onc, sorry for my ignorance but what's O&A? A thankful person is a happy person. [/color]My hobby design blog: http://aviewondesign.blogspot.com/ Re: Urgent Help; Settlment Tomorrow 12Apr 16, 2009 9:23 pm Offer and acceptance Where you are coming from is where you are going to... Re: Urgent Help; Settlment Tomorrow 13Apr 16, 2009 9:24 pm onc_artisan Why were the conditions and anomolies not declared at O&A or was this troubled too? i was made aware of this payment(and the soly too) less than 24 hrs before settlement; also just looking at the body corporate meeting report i found that this meetings was done one day before exchanging the contracts. Re: Urgent Help; Settlment Tomorrow 14Apr 16, 2009 9:33 pm Sounds like the seller has some undeclared costs, which does happen... ..but you should have been made aware of this extra cost. I think I might be suggesting a sharing of the costs.. the seller shares the cost with the selling agent Easy Where you are coming from is where you are going to... Re: Urgent Help; Settlment Tomorrow 15Apr 16, 2009 9:36 pm Here is the act clause that the soly mentioned i am liabl to pay the money because of it the purchaser is liable for all contributions imposed after the contract date. still doesn't mention if the contract date is the exchange or settlement date; in either case the meeting was done before the exchange date. Re: Urgent Help; Settlment Tomorrow 16Apr 16, 2009 9:40 pm the contract date is the date you signed it. (ie with deposit) I believe you had to pay it, but I do not believe for one minute you had to pay it prior to settlement. They should have billed you, it's not their legal right to force you to pay prior to settlement. Like I said RM, get your soly to state where in law does it say you HAD to pay this prior to settlement (rather than after settlement when you felt you were able to afford it)! he won't be able to answer that one! A thankful person is a happy person. [/color]My hobby design blog: http://aviewondesign.blogspot.com/ Re: Urgent Help; Settlment Tomorrow 17Apr 16, 2009 9:52 pm I was under the impression that the acceptance side is the binding start... and that disclosures needed to be "on the table" so-to-speak before Acceptance, since this forms the contract. Just imagin going into coles and buying your shopping, getting to the checkout and the shopping is $200 and the cost of the loaned shopping trolley is $20 So $220, would you pay? Ooops too many rums Where you are coming from is where you are going to... Re: Urgent Help; Settlment Tomorrow 18Apr 16, 2009 10:01 pm lol onc! but the reality is at law, that when you sign the contract, that is the contract date setting out exclusivity and also determining a handover date whereby you get title and they (vendor) gets money. I totally agree with what you are saying, it's just not the law. I know this all too well as we were contacted by our new neighbours for half the fencing budget after we signed, but before settlement - boy did I try to get out of that one - but nope, had to pay! BUT not before settlement - see my drift! A thankful person is a happy person. [/color]My hobby design blog: http://aviewondesign.blogspot.com/ Re: Urgent Help; Settlment Tomorrow 19Apr 16, 2009 10:07 pm Uhuh! Yes I do. But I recently spent about a year in the supreme court (ya know that one) ..and looked at Unconscionable conduct as a sheild not a sword Where you are coming from is where you are going to... Re: Urgent Help; Settlment Tomorrow 20Apr 16, 2009 10:11 pm onc_artisan Uhuh! Yes I do. But I recently spent about a year in the supreme court (ya know that one) ..and looked at Unconscionable conduct as a sheild not a sword oh, you've lost me now onc! A thankful person is a happy person. [/color]My hobby design blog: http://aviewondesign.blogspot.com/ Thank you @. Tried to play with the facade models but the exact colour is not matching up. 2 3275 Render your bathroom walls, two opinions versus the one, makes you wonder. 3 6066 thanks Chippy, i hope they have applied sealer but i am doubt to be honest, so i am gonna do this job after handover. 8 16295 |