QLD Consent order - join tenants

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Palms

Well-Known Member
12 November 2019
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Bump** this is costing me a bomb in lawyer fees. From what legal standpoint does my ex partner have in paying zero deposit ??

he’s arguing he contributed half to repayments but really that would have been like rent elsewhere .

I got two bank valuations of $470k and he’s showing three local appraisals or $500,$510 and $550k which is complete crap given the market at the moment. Of course local realtors will say this to him as they want the house!! Sorry I’m so angry this is taking so longto come to an agreement and he is being such an ass about it. I fear may have to sell the house and then he will get zero by time the agent takes there cut and I take my deposit!!
 

sammy01

Well-Known Member
27 September 2015
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get solicitor to write to him outlining the following.
1. The current offer is fair.
2. He has 14 days to sign
3. After 14 days you'll apply to court and the offer sought through court will be substantially less and the current offer will be taken off the table.
4. if he doesn't sign in 14 days your court application will include and application for a cost order to be made against him.

Let's see how that goes...
 

Palms

Well-Known Member
12 November 2019
66
3
204
get solicitor to write to him outlining the following.
1. The current offer is fair.
2. He has 14 days to sign
3. After 14 days you'll apply to court and the offer sought through court will be substantially less and the current offer will be taken off the table.
4. if he doesn't sign in 14 days your court application will include and application for a cost order to be made against him.

Let's see how that goes...

thanks Sammy what if the court seems my offer isn’t reasonable ? It’s $4kbut I think it is considering he put in $0 financial contribution .
 

sammy01

Well-Known Member
27 September 2015
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what if? what if? Sorry, not a witch with a magic ball that can see the future. My advice puts some pressure on him to sign. It is all bluff. But if it works you owe me a beer. If it doesn't then we'll go to plan b.
 

Atticus

Well-Known Member
6 February 2019
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what if the court seems my offer isn’t reasonable ?
As per Sammy ... no one can predict what a court may find, BUT, over 90% of cases are settled by consent without needing a a judge to make a decision .... I also agree with Sammy that this is probably all bluff. He has nothing to lose by continuing to dick you around

You have already indicated when I asked earlier that your lawyer has said that the offer you have made is more than reasonable ... assuming you have been honest with the lawyer by providing accurate information, then there is no reason that you can't have a high degree of confidence in the offer.

So to repeat again what I wrote earlier, talk to your lawyer about making a final offer (of the amount already offered) as a .... 'without prejudice save as to costs'.... offer along with a heads up that if the offer is declined & you are forced to seek a remedy through the court, that you will be seeking all legal costs .... If you DON'T head that offer as without prejudice save as to costs, you probably won't be able to use the offer in evidence to seek costs..

I'm fairly confident that an initiating application, notifying of a possibility of your legal costs will move things along ....
 

Palms

Well-Known Member
12 November 2019
66
3
204
what if? what if? Sorry, not a witch with a magic ball that can see the future. My advice puts some pressure on him to sign. It is all bluff. But if it works you owe me a beer. If it doesn't then we'll go to plan b.

Haha true mate sorry highly strung over this all! Indeed I will
 

Palms

Well-Known Member
12 November 2019
66
3
204
As per Sammy ... no one can predict what a court may find, BUT, over 90% of cases are settled by consent without needing a a judge to make a decision .... I also agree with Sammy that this is probably all bluff. He has nothing to lose by continuing to dick you around

You have already indicated when I asked earlier that your lawyer has said that the offer you have made is more than reasonable ... assuming you have been honest with the lawyer by providing accurate information, then there is no reason that you can't have a high degree of confidence in the offer.

So to repeat again what I wrote earlier, talk to your lawyer about making a final offer (of the amount already offered) as a .... 'without prejudice save as to costs'.... offer along with a heads up that if the offer is declined & you are forced to seek a remedy through the court, that you will be seeking all legal costs .... If you DON'T head that offer as without prejudice save as to costs, you probably won't be able to use the offer in evidence to seek costs..

I'm fairly confident that an initiating application, notifying of a possibility of your legal costs will move things along ....

thank you. Yes I’ve been accurate I got bank valuations and my own loan is about to expire with the dicking around. My lawyer has already emailed to him and I believe he is getting appraisals to try fight it cause the prick wants more $$.


Will get my lawyer to do those next steps next. Appreciate the advice so much.
 
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Palms

Well-Known Member
12 November 2019
66
3
204
So I got a bank valuation done April and now his lawyer wants to get another one and me to pay half ?! If he is disputing the property price shouldn’t he be the one to pay for it!!!
 

Atticus

Well-Known Member
6 February 2019
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If he is disputing the property price shouldn’t he be the one to pay for it!!!
Probably... But if you get to have a say in the choice of a professional valuer or it's going to progress things, then half may be worth it.