We settled a sale of land contract dispute.
Our client contracted to buy a strata unit, subject to the standard REIWA Major Structural Defect provisions.
Our client obtained a report which indicated major structural defects in relation to some outside walls.
The seller tried to argue that the outside walls were a strata property issue, and to not covered by the clause.
However, the strata plan clearly showed that the outside walls were part of each lot. We issued a termination notice on behalf of the client.
We then received 2 letters. One disputed our right to terminate, stated that we had unlawfully repudiated the contract and threatened to sue for damages. The other said notwithstanding the first letter, they would give our client’s deposit back! That was the client’s desired result, so the client was happy.
For resolution of contractual disputes, see Michael Paterson & Associates.