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VIC Contract of Sale Cancelled - Who is Responsible?

Discussion in 'Property Law Forum' started by Le85, 26 April 2016.

  1. Le85

    Le85 Active Member

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    I asked my conveyancers to prepare sect 32 for the sale of my house and settlement is due soon, however, the purchasers have issued a notice to rescind the contract of sale as they've advised that there is an undisclosed easement upon doing their own search of the water/asset search.

    I've checked my sect 32 and my conveyancers did not include this - I just want to sell my property so I'm ok to cancel the contract and resell. However am I able to sue my conveyancers under negligence for the difference plus costs if I have resell for less and use a solicitor to draw up a new sect 32?
     
  2. Rod

    Rod Well-Known Member

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    This is not a legal response: I'd have thought you would have known of the easement from your purchase of the property. I'd have expected the conveyancer to have asked you to confirm that the details on the section 32 are correct. Did you sign anything to that effect?
     
  3. Le85

    Le85 Active Member

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    Oh thanks for pointing that out Rod, I forgot to mention that my conveyancers never discussed easements and just advised of their flat rate fee and how everything was included in the price such. E.g. searches so I assumed that they would've realized this and that's why they didn't ask me anything else about easements
     
  4. Tim W

    Tim W Lawyer

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    Write to them, demanding that they handover all the files and work product,
    waiving all fees and charges and disbursements, and ask them to show cause
    why you should not sue them in the event of any future sale being for than this one.

    And then go find a solicitor to assist you with the (new) sale.
     
  5. Le85

    Le85 Active Member

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    Thank you Tim. I am in the process of finding a new legal rep for the sale of my property, however, in the event I resell for $5-$10K less can I sue the previous conveyancers in negligence for loss on resale, additional interest paid on my mortgage etc...?
     
  6. Tim W

    Tim W Lawyer

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    That question would be best answered by your new solicitor,
    who will be across all the details of your particular matter.
     

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