Property Disputes

Property Disputes (Sale of Land Disputes)

Since there is a significant amount of legislation and common law to abide by, there are more legal obligations imposed on people selling property or land than you may first expect. Legislation governing sale of land is complex and often requires lawyers to interpret and defend any claims. 

Our experienced lawyers are able to give solid, legal advice to help you navigate any property issues that may arise.

Such disputes include: 

• Selling or purchasing a property or land
• Caveats and mortgage disputes
• Defective Section 32 vendor statements
• Leasing disputes for commercial, retail, industrial and/or office properties
• Issues with boundaries and subdivision
• Disclosure of property contamination

For example – 

A couple is selling an investment apartment. A person offers to purchase the apartment and the contract is unconditional, not subject to finance. 

However, the purchaser cannot obtain finance and continuously seeks extensions, so they can still purchase the property. After a few months waiting to be paid, the settlement date arrives – but the purchaser cannot come up with funds to complete the purchase. The couple sends out a Notice of Default & Rescission to the purchaser. A default notice provides a period of time (usually 14 days) for the purchaser to complete the purchase of the property before the seller is able to terminate (ie rescind) the contract. 

The purchaser fails to remedy their default by paying the purchase price and completing the purchase within the time required under the default notice. The contract is terminated by the couple. 

If the contract is terminated is this way, the purchaser legally forfeits the deposit money (which secures the property, in the first place) to the vendor. It also allows the couple to sell their property to another person and, if they sell it for less than the price under the contract with the original purchaser, they may be able to sue that original purchaser for any additional loss.

An issue which can often arise is that the default notice appears to be defective and becomes disputable. The purchaser now wants to sue the sellers to get their deposit money returned.

In this instance, an experienced lawyer would be able to explain the legal context and the likelihood of a probable outcome.

In other instances, the sale of the property may need to be stopped urgently. This may involve a caveat or an application to the Supreme Court. Speaking to one of our experienced lawyers ensures this process can be actioned at extreme short notice, to protect your interests and for peace of mind.

Do property disputes always go to litigation?

In short, the answer is no – not all property disputes go to litigation. However, it is often the case that a party must commence litigation to ensure their rights are protected or to avoid the risk of losing their rights by doing nothing.

Our lawyers provide clear, concise advice about your legal position. Litigation for property disputes can have a significant impact, emotionally and financially. Therefore, we work with you to ensure a speedy resolution between you and the other person. 

However, if litigation is the only course of action due to no previous resolution, or required to protect your interests, then we are able to give the most effective and efficient advice to assist you reach a successful outcome and, ideally, expedite the process.

Mackinnon Jacobs Lawyers are experienced in Sale of Land and Property Disputes and give you the best advice, in order to achieve a positive, cost-effective outcome.  Call or contact us via email to receive personal, tailored advice.