VIC Sister Withdrawing Offer - What are My Property Rights?

[CFDPRODUCTIONS]

I received an offer from my sister's lawyer for the purchase of my share in a (holiday) property. The letter clearly confirmed the offer (no t&c), so I wrote back accepting the offer. 10 days later, I received details of notes he sent to a barrister (preparing a deed of settlement?) and details advising the accountant the property was sold - all confirming the sale and indications were that settlement was around 6 months.

Four months later, I receive a letter saying my sister had withdrawn her offer. I've asked for all details of the transaction including a copy of the contract (he is a legal & conveyancing solicitor). He has said there are none!!

Not sure what my property rights are on this type of deal. Can anyone help?

 

[Victoria S]

Most contracts can be either written or oral and still be legally enforceable, but some agreements require the essential terms to be recorded in writing and signed.

In Australia, contracts for the sale of an interest in land are required to be evidenced in writing and signed by the person against whom the action is brought (in this case your sister). In Victoria, this is provided for in the Instruments Act 1958 (Vic) which provides, relevantly, that:

Section 126: "An action must not be brought to charge a person ... upon a contract for the sale or other disposition of an interest in land unless the agreement on which the action is brought, or a memorandum or note of the agreement, is in writing signed by the person to be charged or by a person lawfully authorised in writing by that person to sign such an agreement, memorandum or note"

Therefore if the offer or acknowledgement of your acceptance was written and signed with sufficient information about the terms of the sale then it may be enough to enforce the sale, however if not you will not have any recourse against her.

 

[John84]

If the offer didn't have any condition attached to it such as "not binding until a formal contract is signed" then you can sue for specific performance of the agreement. This means that a court will compel her to pay so long as you continue to be prepared to sell