The house is jointly owned and she is pressuring the real estate agent to put it on the market but they will not until I sign . I should not be pressured to sign because I want the consent orders prepared and signed by both parties before the property goes on the market. Is this correct?
QLD Non-disclosure of Property in Binding Financial Agreement - Seek Mediation?
- Thread starter nomadave
- Start date
My ex's lawyer has sent me what she calls a "valuation" of her overseas property. But in fact all it is is an unsigned bill of sale with a property description and a value attached( very low). This is very unprofessional and I feel is misconduct on her lawyers part . Should I take this to the legal services Commission q.l.d. frankly I have had enough of what this lawyer is putting forward
Hi Nomadave,
If signing a binding financial agreement is your condition for allowing the sale to go ahead, you are within your right to refuse signing until they sign a binding financial agreement. How far along are the two of you in reaching a resolution? Is it a binding financial agreement for just this property, or other assets as well? Has the agreement been drafted? If not, you may looking into getting a lawyer to draft one up. Otherwise, your ex's lawyer will be doing the drafting and this may be not favourable to you.
From what I read, your ex's lawyer has not been breaching any professional ethics by sending you a sale. Unless the lawyer is reassuring you that this is just a valuation and not a sale, and stating it is alright to sign this valuation without consequences, and the paper they sent you really is a sale agreement. Your ex's lawyer is not your lawyer. They are not bound to consider your interests, just that of her clients. There are limits all lawyers are bound by, but it does not appear the lawyer has breached these limits. You are within your right to refuse. However, you cannot expect your ex's lawyer to look after your interests as well. It may be best to consider approaching a lawyer to represent you if you are having difficulty handling your ex and her lawyer.
If signing a binding financial agreement is your condition for allowing the sale to go ahead, you are within your right to refuse signing until they sign a binding financial agreement. How far along are the two of you in reaching a resolution? Is it a binding financial agreement for just this property, or other assets as well? Has the agreement been drafted? If not, you may looking into getting a lawyer to draft one up. Otherwise, your ex's lawyer will be doing the drafting and this may be not favourable to you.
From what I read, your ex's lawyer has not been breaching any professional ethics by sending you a sale. Unless the lawyer is reassuring you that this is just a valuation and not a sale, and stating it is alright to sign this valuation without consequences, and the paper they sent you really is a sale agreement. Your ex's lawyer is not your lawyer. They are not bound to consider your interests, just that of her clients. There are limits all lawyers are bound by, but it does not appear the lawyer has breached these limits. You are within your right to refuse. However, you cannot expect your ex's lawyer to look after your interests as well. It may be best to consider approaching a lawyer to represent you if you are having difficulty handling your ex and her lawyer.
I think you misunderstood my statement. There is no sale going on.they are just trying to represent this as a valuation. A valuation can only be given in 2 ways. Either as an appraisal by a real estate professional or by a registering valuer. They are trying to mislead me.
Hi Nomadave,
I understand, they are effectively not responding to your request and instead, giving you another document. Have you told the lawyer this, that you will only accept an appraisal from a qualified real estate agent or a registered appraiser? Again, what you state the lawyer is doing does not appear to amount to misconduct. They are allowed to be difficult or refuse to comply with what you request because the lawyer is not representing you. The lawyer is representing your ex. In any event, your main concern appears to be that you want a binding financial agreement signed before you agree to any sale. Not the valuation of the property. Focus on this first matter first: how will this be done, why is the other side refusing to do this, who will draft the agreement, are the terms of this agreement already agreed?
I understand, they are effectively not responding to your request and instead, giving you another document. Have you told the lawyer this, that you will only accept an appraisal from a qualified real estate agent or a registered appraiser? Again, what you state the lawyer is doing does not appear to amount to misconduct. They are allowed to be difficult or refuse to comply with what you request because the lawyer is not representing you. The lawyer is representing your ex. In any event, your main concern appears to be that you want a binding financial agreement signed before you agree to any sale. Not the valuation of the property. Focus on this first matter first: how will this be done, why is the other side refusing to do this, who will draft the agreement, are the terms of this agreement already agreed?
She has 4 overseas properties
In her name which her llawyer said they will get valuations for. They have only just been disclosed. We have one in Australia in joint names. I am not asking this lawyer to do work for me. I am just asking for full disclosure and true values
In her name which her llawyer said they will get valuations for. They have only just been disclosed. We have one in Australia in joint names. I am not asking this lawyer to do work for me. I am just asking for full disclosure and true values
I don't want a BFA but consent orders to protect me. The consent orders they sent to be signed differed from our meditation agreement.
I know what a valuation is (wasn't born yesterday). this is a deliberate attempt to mislead. Negotiations have been going since Oct 2014 wwith many anomalies along the way.
It must be alright for lawyers to fib.
Just like the mediator said (was a lawyer) " I got out of the game because of all the lies going on in the legal profession
I know what a valuation is (wasn't born yesterday). this is a deliberate attempt to mislead. Negotiations have been going since Oct 2014 wwith many anomalies along the way.
It must be alright for lawyers to fib.
Just like the mediator said (was a lawyer) " I got out of the game because of all the lies going on in the legal profession
Hi Nomadave,
I understand this is frustrating for you. Thank you for clarifying your position.
As for what you want:
I understand this is frustrating for you. Thank you for clarifying your position.
As for what you want:
- A consent order comes from a mutually agreed arrangement. Without this, the court cannot make a consent order. Hence, if both you and your ex have consented to an arrangement and this arrangement is writing up then you can hand it to court for their approval. This then makes the arrangement court binding. This is what a consent order is. From the facts, it does not sound like you and your ex have an agreed arrangement in place that both parties are happy to comply with.
- As for whether you can complain about the other lawyer's conduct. Sure you can, if you like. However, if you're asking for my opinion as to whether the conduct is misconduct or breach of the ethical rules, no, it does not appear so (for reasons given above). Whether you still wish to lodge a complaint about the conduct is entirely your choice.
- You mentioned she has 4 overseas properties. Are you asking for a valuation for all 4?
- You also mentioned (in a previous post) that you are withholding consent to sale until you get a consent order. Is this in relation to the jointly owned property, or her other 4 overseas properties as well?
