I repeat my concern about the lawyer acting for both parties!
To be clear, if you and your brother do not agree, your brother will most likely be able to force a sale by public auction (without your consent or approval). It is a complicated process, but generally, it can be done...
I am stating this without confirming with the relevant VIC legislation... but would be very surprised if this was not the case.
You need to be aware that if your brother gets his own legal advice.. this is most likely what they will advise him...
Though practically speaking, it would most likely be counterproductive, and he would end up with less money if he forced this route to be taken, so given you are about to pay fair market value, why would he force a public auction? It would work against common sense.
If he did do this, there is nothing stopping you from being a bidder at the auction.
My personal opinion is to do as I have suggested above, and make the inventory. I agree with your thinking, that whilst it might be legally correct. In this situation, changing the locks may aggravate the situation, and cause the deal to fall over.
Kind regards
To be clear, if you and your brother do not agree, your brother will most likely be able to force a sale by public auction (without your consent or approval). It is a complicated process, but generally, it can be done...
I am stating this without confirming with the relevant VIC legislation... but would be very surprised if this was not the case.
You need to be aware that if your brother gets his own legal advice.. this is most likely what they will advise him...
Though practically speaking, it would most likely be counterproductive, and he would end up with less money if he forced this route to be taken, so given you are about to pay fair market value, why would he force a public auction? It would work against common sense.
If he did do this, there is nothing stopping you from being a bidder at the auction.
My personal opinion is to do as I have suggested above, and make the inventory. I agree with your thinking, that whilst it might be legally correct. In this situation, changing the locks may aggravate the situation, and cause the deal to fall over.
Kind regards