QLD Property Law - Seek Damages from Tenant in Common?

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whipping_girl

Member
16 January 2017
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Hi there.

I made the mistake of buying property with a family member several years ago. I've finally set up a situation where I can extricate myself (given one year notice) but still had to threaten to use s.38 of the Property Law Act (Qld 1974) to get her to sell.

She agreed to sell, but has screwed me at every opportunity. Examples: agreeing to make the property suitable for inspection (cleaning/repairs), and then failing to do the agreed things; staying on the property and being weird during open houses; leaving dangerous dogs on the property during open houses; and instructing the real estate agent to tell one set of buyers (who had submitted an offer that was below what we had agreed) that we would accept if they accepted a long settlement period. Obviously, I had no idea about the last one until the REA asked me why I hadn't signed off.

This has created a situation where the house has now been on the market a suspiciously long time, which pushes down the value.

I offered to buy her portion for an amount close to the previous offer she tried to accept (offer minus agent costs). She agreed (in writing!), and I then changed loans to consolidate my other financial commitments. Then three days later, she says that my offer is too low and she won't move.

I know I have the option to force sale under s.38, but given the weird circumstances around the property (and the fact that she still lives there), I suspect that will hurt us both, financially.

Do I have any other options under property law? Damages? What kind of lawyers should I be speaking to?

Thanks in advance.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
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