NSW Council - What Type of Lawyer Should We Engage?

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Elena Tovar

Member
11 September 2017
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You might have some grounds to take action against the agent for failure to disclose if you could prove that they were intentionally withholding the DA from you, or ought to have known about it. If so, the fact that they remained silent when you asked the question may give rise to a negligence claim. The fact that they gave you other materials should help establish that they had, or at least assumed, a level of duty of care. This will be contrasted against you not seeking your own advice, however.

The long and short of it is, however, that it doesn't look like you're going to get out of the requirement to build the road.
Hi thanks for this, we know we have to build it, but the question really is what is the correct way to proceed against either the real state agent or the owner? What type of lawyer should we engage with?
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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Gold Coast, Queensland
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You'll want someone who does general contract litigation. If they also have a basic understanding of property law that would be helpful. It's not strictly necessary, but it will just mean they don't have to get their head around the aspects of Council development requirements.
 

Tripe

Well-Known Member
22 May 2017
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I still don't understand your grievance?

Why would a realestate agent or conveyancer need to advise you of the need to put in an access road for final house approval?
 

Tim W

Lawyer
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28 April 2014
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Sydney
I agree with the suggestion above - you need a solicitor
with experience in the field of property law disputes
who can advise you about how to resolve this problem.

And yes, regrettably, this will now probably cost you
more than you originally saved by using a conveyancer.