QLD land purchased is not geting registered

[Danny67]

We sold our house only to buy a block of land that now it looks like it will never get approval for registration due to some storm water or else..
what are our rights .. ? I don't want to pull out of the contract but if that lot never gets approval from the council what is the point..
We are able to get 10% back but the problem is we would never sell if we knew this. Can developer do this and not be responsible for
our lost ..?
thnx Danny

 

[Tim W]

Which contract do you want to get out of?

 

[Danny67]

I dont want to get out but received the email from the developer that block of land we gave deposit will not get registred ... I'm not sure if that is the game they play
so we pull out and then they could sell it for more money or is it true that due to stormwater variation redland council will not relised the titles for that block ...
the problem is we sold our house only 'cause expecting to build on this property and now if developer is not relising this lot we are without the house and a block to build...
my question is developer respnsible for my possible loss..

 

[Rod]

Potentially yes, but you need specific legal advice. See a lawyer if you do not already have one.

 

[Tim W]

I dont want to get out but received the email from the developer that block of land we gave deposit will not get registred ... I'm not sure if that is the game they play
so we pull out and then they could sell it for more money or is it true that due to stormwater variation redland council will not relised the titles for that block ...
the problem is we sold our house only 'cause expecting to build on this property and now if developer is not relising this lot we are without the house and a block to build...
my question is developer respnsible for my possible loss..

If the block can't be registered, then get out of the deal immediately.
And walk away from this developer.

 

[Tim W]

...my question is developer respnsible for my possible loss..

1. It depends of facts and circumstances we don't know.
2. The developer is not responsible for you deciding to sell your house when you did.
3. There might (very, very might) be some recourse if (very, very if) the developer deceived you
(which is not the same thing as you being naive).

 

[Danny67]

Hey Tim
I dont think that developer is doing this on purpose but there is an issue with water at that part of land ..around my lot 14... The court did aproove 38 lots but
the council is making an issue ...my point is that we purchased that land from developer trusting to be reliseased soon and if they can not provide that than they should
also be liable for my loss..

 

[Tim W]

This sort of thing is the risk people take when buying an unregistered lot - that is, a block that doesn't officially exist.
If getting back your deposit is likely, then what losses do you think you've incurred?

 

[Docupedia]

The terms of the contract should cover the process if the lot is unable to be registered. Typically it will have a ‘sunset’ clause giving them a certain period of time. Check for that type of clause.