All Topics / Help Needed! / URGENT!! Council threatening to pull my dads buildings down. NSW

Viewing 15 posts - 1 through 15 (of 15 total)
  • Profile photo of SashSash
    Member
    @sash
    Join Date: 2010
    Post Count: 91

    Hi guys

    Long story short my dad recently inherited his twin brothers estate. He is selling the property which is scheduled to settle in 2 weeks. A possible jealous neighbor may have dobbed him into council stating that the buildings were constructed illegally some 35 years ago. It’s been an emotional time leading up to the sale for my dad and he is at breaking point. I’d like to know:

    – is this at all possible after such a long time? My uncle has lived there for over 3 decades.
    – if there is no clause in the contract of sale and the buyers lawyers didn’t check/find anything in there DD, do they legally have to settle?

    This has been totally sprung on my dad out of the blue, it seems extremely irrational and unfair for such a decision to be made given the time frame. He is speaking to his lawyer first thing and potentially his TP.

    Any advice would be extremely grateful.

    Sash

    Profile photo of CatalystCatalyst
    Participant
    @catalyst
    Join Date: 2008
    Post Count: 1,404

    I looked at buying a house once and the back corner of the house was very close to the fence line. After investigation it turned out the house was never passed by council. I pulled out. The solicitor rang me a month later to say it had been passed but I had already put a deposit on another house.
    I'd say (unless there are major defects) that council will pass the buildings. So did they actually say thet'll pull them down? Can he rectify any illegal parts?

    Good luck.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Would depend on the terms of the contract. Possibly buyer would be locked in.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of SashSash
    Member
    @sash
    Join Date: 2010
    Post Count: 91

    Hi guys

    Council have already been out, assessed the property and now written the letter of intent. I thought that if it were built over a certain period of years then it didn’t matter?

    I don’t think there was a clause as such for these matters, I’m unsure of the fine print. I guess the only thing to do is speak to the lawyer?

    Thanks. Any other experiences/advice would be great.

    Profile photo of thecrestthecrest
    Participant
    @thecrest
    Join Date: 2004
    Post Count: 992

    It’s amazing what the Council can do if they want to.
    Some time back, my local council in Sydney were awarded a court judgement against my builder for illegal “building” , because he internally divided a huge already approved garage into several rooms without a DA. They issued me a notice to demolish the partitions or they’d enter my home and demolish the partitions themselves. I said I’d shoot the first council demolition man to set foot in my home, so they offered me a compromise – I remove 50% of the partitions and they’d waive the demolition order. So what does that tell you about Councils and their integrity and options and mood swings if they feel like it on a good day ?
    Cheers
    thecrest

    thecrest | Tony Neale - Statewide Motel Brokers
    http://www.statewidemotelbrokers.com.au
    Email Me | Phone Me

    selling motels in NSW

    Profile photo of christianbchristianb
    Participant
    @christianb
    Join Date: 2009
    Post Count: 386

    Sash,

    Have you solved the problem?
    If not, do you need some help?

    Profile photo of v8ghiav8ghia
    Member
    @v8ghia
    Join Date: 2005
    Post Count: 871
    thecrest wrote:
    It's amazing what the Council can do if they want to. ……………. I said I'd shoot the first council demolition man to set foot in my home, so they offered me a compromise……….. Cheers thecrest

    Ah Crest…absolutely brilliant! Love your style – made me laugh out loud – ridiculous 'change of heart (?) by the council but.

    Cheers

    Profile photo of SashSash
    Member
    @sash
    Join Date: 2010
    Post Count: 91

    Hi Christian,

    It appears nothing can be done. The property has to settle tomorrow. Buyers have the right to rescind the sale. They want the price dropped by 40%. my dad does not feel that he can take on the council and doesn’t want another battle where he’ll have to pay ridiculous amounts to TP’s etc. It’s been a nightmare.

    Profile photo of christianbchristianb
    Participant
    @christianb
    Join Date: 2009
    Post Count: 386

    Sash,

    It seems the purchasers may be exploiting the situation, which is unfortunate.
    Should the purchasers rescind, the problem still exists.
    In my experience, and yes I have dealt with similar situations, the council simply wants a resolution.
    I sincerely hope it works out, and again if I can assist, get in touch.
     

    Profile photo of keikokeiko
    Participant
    @keiko
    Join Date: 2008
    Post Count: 513

    Are you sure the buyers are not the ones to call the council to get the property cheaper, if the buyers are still keen then maybe there plan is to build on the property and maybe they called council, a 40% drop is a lot

    Profile photo of luke86luke86
    Participant
    @luke86
    Join Date: 2010
    Post Count: 470

    40% is ridiculous, they are clearly taking you for a ride. If I were in your position, I would let the contract fall through, get a planner like Christain to help you sort out the problem with the council, and then put the house on the market again.

    Cheers,
    Luke

    Profile photo of Tracey BTracey B
    Participant
    @tracey-b
    Join Date: 2009
    Post Count: 158

    I agree with Luke…..

    Profile photo of mattstamattsta
    Participant
    @mattsta
    Join Date: 2011
    Post Count: 604

    Sash, sorry to hear that you are having such issues! The fact that they now want you to reduce the price by 40% sounds completely outrageous. What have you done about this?

    Profile photo of sapphire101sapphire101
    Participant
    @sapphire101
    Join Date: 2006
    Post Count: 203

    Tell the buyer to p… off. Take over the sale from your Dad and relieve him of the stress, then contact Christian at Design & Build or someone like him that can represent you to council

    Ian
    Block Head @  http://www.theblockblog.com
    Free Property Investment Info, Tools & Resources for Switched On Investors

    Profile photo of alfrescodiningalfrescodining
    Participant
    @alfrescodining
    Join Date: 2012
    Post Count: 160

    Sash, what state are you in?

    If its NSW I could probably help you out a bit more.

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