Ok so here is what happened.
I bought a unit on the weekend.
Now, during the inspection process I asked the agent what are the body corporate fees? He responded "only $300 a year" he was using this in a sense to market the property.
When he sent me the S32 and contract of sale it only had information on the the body corpoartion, not on the fees.I got a friend to bid on the property for me and once I received the auction contract the next day the body corporate fees were in fact $250 per quater. However, the agent distinctively outlined that they were $300 a year not per quater.
Is the body corparte fee breakdown supposed to be issued in the S32 when it is requested prior to sale? Why was it in the auction contract but not contract and S32 he emailed me?
Also is he allowed to just say the Body corpoarte fee is this? If he is wrong do I have a claim? Or is it another case of buyer be aware?
I don't think you have much of a case it if was declared on the contract you signed.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
yes but this contract was only presented after the auction was bid on
the one he sent me via email did not have that document of body corporate fees in it.
Hi propertyboy,
What did it say in the one that you signed though?
If it said it on the contract that you signed then I don’t think you have much of a claim. $300/year for body corporate sounds ridiculously cheap…one of those too good to be true scenarios.
I think it is more a case of buyer beware than anything else. This is a good reason to avoid auctions as you can assess the contract before you have to sign anything.
Ryan McLean | On Property
http://onproperty.com.au
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