PropertyInvesting.com | shoppingarigas | Activity https://www.propertyinvesting.com/members/shoppingarigas/activity/ Activity feed for shoppingarigas. Thu, 16 Apr 2026 20:42:24 +0000 https://buddypress.org/?v=2.8.1 en-US 30 hourly 2 ae9e2a82fd9e82187ccb9010142ce0ea shoppingarigas replied to the topic Vendor shortfall of funds for settlement. Owes the bank more than what house was sold for. in the forum General Property https://www.propertyinvesting.com/topic/4404239-vendor-shortfall-of-funds-for-settlement-owes-the-bank-more-than-what-house-was-sold-for/#post-4651900 Tue, 19 Jul 2011 23:16:05 +0000 Thanks so much for all this info. Ill read up on it today. Yes im the one with the caveat, however, the ex-wife finally moved out as did the other tenants and we received notification from the ex-wife's solicitor that the caveat will be lifted. Low and behold now this matter has arisen. If its not one thing, its another. We are actually going to…[Read more]

]]> ee7cc61b0d6eab3f0887932dffea408d shoppingarigas replied to the topic Vendor shortfall of funds for settlement. Owes the bank more than what house was sold for. in the forum General Property https://www.propertyinvesting.com/topic/4404239-vendor-shortfall-of-funds-for-settlement-owes-the-bank-more-than-what-house-was-sold-for/#post-4651895 Tue, 19 Jul 2011 12:58:39 +0000 terry can you post the link with settlement problems so I can read up on it.The house was definitely not undersold. It was sold at public auction and at market value. The shortfall isnt huge, but I understand that the bank wants their money. This house was on the market for 2 years but with no interest.(wonder why?) I must have been the sucker.In…[Read more]

]]> 805c6d2842bc95bfd3025cbee67397cb shoppingarigas replied to the topic Vendor refusing to leave the property in the forum General Property https://www.propertyinvesting.com/topic/4403911-vendor-refusing-to-leave-the-property/page/2/#post-4649608 Sun, 26 Jun 2011 11:58:50 +0000 No, Ill get a copy tomorrow Terry.Can I ask a real silly qst?If it is money that she wants from the sale and there is no funds after the bank has been paid out, can she stop the sale of the house until she gets what she wants even though there is nothing left over? Is that the reality of her lifting the caveat?

]]> 314476d1a93d24de4ab1d606735769af shoppingarigas replied to the topic Vendor refusing to leave the property in the forum General Property https://www.propertyinvesting.com/topic/4403911-vendor-refusing-to-leave-the-property/page/2/#post-4649606 Sun, 26 Jun 2011 11:39:19 +0000 Can someone please tell me what this means?Second Schedule (3 notifications)1/reservations and conditions in the crown grant2/ mortgage to the Westpac*3/ Caveat by

NOTATIONSUnregistered dealings-NIL#3 has an asteriks that states the entry doesnt appear on the current edition of the certificate of title. The information appearing under NOTATIONS…[Read more]

]]> 9ae70b47dcfd4d8881a37018bef8cab3 shoppingarigas replied to the topic Vendor refusing to leave the property in the forum General Property https://www.propertyinvesting.com/topic/4403911-vendor-refusing-to-leave-the-property/page/2/#post-4649603 Sun, 26 Jun 2011 07:01:49 +0000 there are circumstances where caveats can be forcibly removed , whereby the owner of the real property can seek a court order or obtain a lapsing notice from the department of lands and serve it on the caveator  who can apply to the supreme court to extend the operation. How does the court decide that the caveator has a legal or equitable…[Read more]

]]> e9771f76a49716fef94991bfc86b8714 shoppingarigas replied to the topic Vendor refusing to leave the property in the forum General Property https://www.propertyinvesting.com/topic/4403911-vendor-refusing-to-leave-the-property/#post-4649599 Sat, 25 Jun 2011 07:57:45 +0000 thanks Terry. I ve had to find a rental property in the meantime. I cant believe they bought us into this mess.We paid well above the price they expected.They are well behind in the repayments too. I dont know who is going to settle this mess and hopefully after the 14 days is up if they havent settled, I will be in a position to decide whether to…[Read more]

]]> 2f4d11d662659bb505fd1aa3ab7e1db9 shoppingarigas replied to the topic Vendor refusing to leave the property in the forum General Property https://www.propertyinvesting.com/topic/4403911-vendor-refusing-to-leave-the-property/#post-4649597 Sat, 25 Jun 2011 07:33:27 +0000 So Terry, lets say she wants $200k but the bank is owed $1040k and the purchase price was $1060k, there is nt much money left over after the bank has been paid the debt. Does this mean 1/ she is also responsible for that debt since she has an equitable interest.

]]> 8a029c97af9df2bcdd66cca350de09af shoppingarigas replied to the topic Vendor refusing to leave the property in the forum General Property https://www.propertyinvesting.com/topic/4403911-vendor-refusing-to-leave-the-property/#post-4649595 Sat, 25 Jun 2011 07:22:06 +0000 Vacant possession – is that classed as special conditions? None other that I know of.

]]> 503e18fb64350332f9a7802c630f500d shoppingarigas replied to the topic Vendor refusing to leave the property in the forum General Property https://www.propertyinvesting.com/topic/4403911-vendor-refusing-to-leave-the-property/#post-4649594 Sat, 25 Jun 2011 07:20:21 +0000 yes and said there was no problems.We dont know why there is a caveat. Ive put a caveat on the place too. It looks like anybody can lodge a caveat these days. Can the vendors solicitor not lift this caveat? If there is a real interest in the property, she will need to go the supreme court to put a caveat on again and this costs serious money- $20k…[Read more]

]]> 8a5056d151fa4682396a1ce47adaafd6 shoppingarigas replied to the topic Vendor refusing to leave the property in the forum General Property https://www.propertyinvesting.com/topic/4403911-vendor-refusing-to-leave-the-property/#post-4649591 Sat, 25 Jun 2011 07:05:51 +0000 When we went to inspect she was there and she showed us through. She was well aware that the property was on the market and had been for 6 months previous to us inspecting it.I have purchased 2 other properties prior to this one and we have never had any issues with the caveats being lifted. Its never scared us to purchase a property before just…[Read more]

]]> 3787b741aa5c4e572d9347d35b461215 shoppingarigas replied to the topic Vendor refusing to leave the property in the forum General Property https://www.propertyinvesting.com/topic/4403911-vendor-refusing-to-leave-the-property/#post-4649590 Sat, 25 Jun 2011 07:03:19 +0000 OMG I sold my house to buy this house and have had to go and rent as settlement has been delayed. I asked if we can rescind and the solicitors have advised that I cant rescind on the purchase and they cant rescind on the sale.Yes the caveat was on the title when I signed the contract. Her name however has never been on the title. Its only the…[Read more]

]]> 0f7d947d92ecaa5d329fe2a9e72f0c49 shoppingarigas replied to the topic Vendor refusing to leave the property in the forum General Property https://www.propertyinvesting.com/topic/4403911-vendor-refusing-to-leave-the-property/#post-4649588 Sat, 25 Jun 2011 06:46:48 +0000 No unfortunately Terry. I lodged mine after hers. The vendors solicitor failed to lapse the caveat as well. Does anybody know how long this can go on for? And can I go to the supreme court to have her caveat removed? Is there anybody that is a caveat law speacialist?

]]> d3205cc2111f903b046d7de6ca2a8fc8 shoppingarigas replied to the topic Vendor refusing to leave the property in the forum General Property https://www.propertyinvesting.com/topic/4403911-vendor-refusing-to-leave-the-property/#post-4649585 Sat, 11 Jun 2011 04:05:32 +0000 I think its too late to pull out as I have already exchanged 5 weeks ago and sold my house in the meantime.From my understanding there is no funds leftover from the sale as the bank is owed the amount of money that I purchased the property for.If I settle on the property, which in turn the title deeds go into mine and my husbands name, can I have…[Read more]

]]> 50dbcfb9a68af61f64b303d989a8916f shoppingarigas replied to the topic Vendor refusing to leave the property in the forum General Property https://www.propertyinvesting.com/topic/4403911-vendor-refusing-to-leave-the-property/#post-4649582 Fri, 10 Jun 2011 23:22:25 +0000 The otherside has been issued a notice to complete, however the ex wife lives in the house but her name is not on the title deeds. The husband doesnt live there (his name is on the title deeds only) and he wants to complete, but we cant remove her. The interest part is not the issue, but we want her out and she is refusing to leave. She also has a…[Read more]

]]> 5710d4f3e89ceb90ccf30f3d4952d809 shoppingarigas replied to the topic Settlement Date confirmation in the forum General Property https://www.propertyinvesting.com/topic/4403624-settlement-date-confirmation/#post-4647675 Fri, 13 May 2011 12:09:28 +0000 Hi Jamie,My conveyancer has said that this is normal practise and he has had dealings with the vendors solicitor and he is really slow, however I am a bit cautious as we had problems with the vendor and his solicitor when we exchaned.(Ive posted the link so you can get an idea) but I dont want to get paranoid about the situation. I thought there…[Read more]

]]> 2dc4b76a701354873130ade2f6ff6086 shoppingarigas replied to the topic notice of termination of contract by vendor in the forum Help Needed! https://www.propertyinvesting.com/topic/4403557-notice-of-termination-of-contract-by-vendor/page/2/#post-4647245 Sun, 08 May 2011 00:19:17 +0000 I would love to recommend him . If it wasnt for him, I would have lost everything. Tony Melissari from Austate Conveyancers in Ultimo- ph: 9281-0078And thanks to everybody's advice that you posted. You all gave me courage to put up a fight and do the right thing legally.

]]> 8b2940bd5666d08917c4eca81eceb8bd shoppingarigas replied to the topic notice of termination of contract by vendor in the forum Help Needed! https://www.propertyinvesting.com/topic/4403557-notice-of-termination-of-contract-by-vendor/#post-4647242 Sat, 07 May 2011 05:59:17 +0000 The exchange was done by the realestate agent and not the "conveyancer". Although this has all been resolved now-late yesterday afternoon- it was my "conveyancer" who is hard nosed and is like a dog with a bone, and who didnt back down until they withdrew their termination, that I can safely say that the sale of the property is still going ahead.I…[Read more]

]]> 0fa4a5bc19b783d00bb7fbf62a8de731 shoppingarigas replied to the topic notice of termination of contract by vendor in the forum Help Needed! https://www.propertyinvesting.com/topic/4403557-notice-of-termination-of-contract-by-vendor/#post-4647231 Thu, 05 May 2011 11:58:15 +0000 thank you so so so so much Anthony. I really appreciate it you dont know what this means.All I want to do, is buy this house. Nothing more, nothing less.Thats what I couldnt understand, what loss I have caused him, considering I want to proceed with the purchase.Ill speak with a solicitor tomorrow and post some details tomorrowThanks againAlex

]]> 9508479fdaa0ab4baae9bca1eaa74752 shoppingarigas replied to the topic notice of termination of contract by vendor in the forum Help Needed! https://www.propertyinvesting.com/topic/4403557-notice-of-termination-of-contract-by-vendor/#post-4647227 Thu, 05 May 2011 11:17:36 +0000 sorry, one more thing. Shouldnt the vendors solicitor have issued a final demand for the balance of the 5%? of the deposit before terminating the contract?

]]> 6bddab805e0b1f816ecd52507383c6c9 shoppingarigas replied to the topic notice of termination of contract by vendor in the forum Help Needed! https://www.propertyinvesting.com/topic/4403557-notice-of-termination-of-contract-by-vendor/#post-4647226 Thu, 05 May 2011 11:15:32 +0000 The realestate is not my problem.Its the vendor and his solicitor that insist that he is suffering from loss and insist on terminating the contract. I (the purchaser) dont want the contract to be terminated. The principle of the matter is he has the full 5% deposit and I "WANT" the house.PS this house has been on the market for 6 months with not 1…[Read more]

]]> b0ad9f9dfdde9814a6ee3e8516964497 shoppingarigas replied to the topic notice of termination of contract by vendor in the forum Help Needed! https://www.propertyinvesting.com/topic/4403557-notice-of-termination-of-contract-by-vendor/#post-4647225 Thu, 05 May 2011 11:09:59 +0000 I am in NSW.I have a receipt of proof of paying the balance of the deposit.The realestate agent has put his hand up and is taking the blame.The problem though is that vendor doesnt want to go ahead with the sale and sue me for loss.What loss will the vendor suffer when I still want to buy the house????

]]>