VIC Caveat by property developer over my land

Discussion in 'Property Law Forum' started by Gem2832, 23 March 2019.

  1. Gem2832

    Gem2832 Member

    23 March 2019
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    Hi all...

    Was hoping some is property expert can assist with this question. Bought vacant land in estate that had in the contract of sale a few clauses: one of which stated I must build within 2 years and any sale etc would get developers permission. There was also a clause that allowed the developer and option to purchase for breach and as part of the condition it does state they can lodge a caveat for the breach.

    So 4 years on after settlement I have not built and my plans have changed. Put property on the market with a condition in the contract that any resale to any new purchaser that new purchaser would pay costs of any deeds if required by the developer etc.

    So tried to do the right thing. Got a buyer and contract was made subject to resale deeds etc.

    Developers lawyers agreed to resale subject to new purchaser entering into resale deeds and requested cost of $660.00 - said we had to use their lawyers to do the deed and would not be released until payment.

    So now big dispute due to the agents promises about who agreed to pay for this. So settlement is scheduled for a few days and still no-one has paid and no deeds. Now I notice developer has put a caveat over the property. So obviously this will now hamper the settlement further. However, we were trying to resolve this payment dispute with the purchasers side and the agent and settlement was not going to proceed until resolved. Sounds like developers lawyers didn't wait and just lodge caveat. Is this unfair - have they jumped the gun - and can we do anything about this. Apparently the purchasers representative had been calling the developers lawyers continuously....... Any help would be appreciated as I am now totally stressed.
    Can they really after this long time sell this block on me.... seems a bit unfair seems as I tried to do the correct thing. I know others have sold with no problems and didn't even mention to developer and nothing happened to them. Help please.......
  2. Rod

    Rod Lawyer
    LawTap Verified

    27 May 2014
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    For something like this you are going to need lawyers to review your original sale contract in the first instance.

    Can you pay the $660 just to make the problem go away?

    The alternative is pay a lawyer to check your legal rights. If you want this option you'll find my email address at
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

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