NSW Family Home Purchase Denied by Power of Attorney - Claim Compensation?

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Kenway2020

Active Member
4 June 2018
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My grandfather was diagnosed with dementia. My mother and my aunty were made his power of attorney with my mother the enduring guardian.

Another family member, living in my grandfather with dementia's home, utterly destroyed the home. It was soiled and damaged.

I was asked by my mother to go to the house and renovate it to a liveable condition and in return, I would be able to purchase it at market cost. She told me that the second power of attorney agreed.

No contracts were drawn but conversations were kept.

The house now renovated but not in a liveable condition, the second power of attorney has now denied agreeing to the purchase and instead stated we must become tenants. Though we have done a magnitude of work over a 14 month period and spent a lot of money to get it close to a liveable standard under the grounds of knowing we would own the property. The property would not be considered tenantable is its current state

Firstly, in what area does my legal issue fall and how best would I pursue remedies?

Would it be possible to claim a stake in the property's title or pursue contractual compensation?
 

Rod

Lawyer
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27 May 2014
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You should see a lawyer over a matter like this.

You can put a caveat over the property while pursuing either the purchase of the home, or compensation.
 
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Kenway2020

Active Member
4 June 2018
5
0
31
Thank you Rod,

I have booked an appointment with a solicitor, I just like to have a better understanding of the situation. So I’m prepared when meeting.

The ideal situation here is to purchase the home. It was the agreement for property to be purchased so that my grandfather had a refundable accommodation deposit for private care, come the time he needs it.

In terms legally pursuing the purchase, as per the agreement, how does a lawyer do this?

What area of law does my issues mainly stem out of?
 

Rod

Lawyer
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27 May 2014
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Letter -> no/inadequate response -> Court

Likely mix of 3 areas - property, contract, equity.
 
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