nessh
Forum Replies Created
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The Sheriff came to make sure we left. Once we vacated, the Receivers mounted surveillance cameras around the property, changed all the locks and locked the gates. Then we were told by our lawyers that we could expect a big bill as we will have to pay all the costs because we lost our case against the Receivers. I don’t have enough knowledge to handle the costs coming our way so I’m going to focus on studying Mark’s materials. I’ve bought the necessary courses. I still feel heavy with trepidation for what is to come.
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Yes we have a good strong contract that has preserved our rights. What was not written were the verbal agreements where the developer said we were like his partner and whatever improvement we did on the land would be to our advantage because it will be ours etc. So unfortunately we did a lot on the property in anticipation but the subdivision didn’t go through. We tried to get the Receivers who took over the developers defunct company to perform the contract. We won but the Receivers appealed. For some reason our lawyer didn’t submit anything or show up to the appeal. The hearing went ahead even though we were not there and the Receivers got what they wanted. The sheriffs notice on our gates didn’t have a signature because it’s not a warrant. The court has issued a warrant for possession with a seal and no signature. I think that allows the Sheriff to get a Warrant (with a signature?) and enter the property.
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Thanks, I am buying in now and will try and learn it quickly 🙂
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Its a long 8 year saga. But in a nutshell, we have a contract of sale for a piece of land that was to be subdivided for us to purchase. We live and work on the land. The owner tried to sell the whole property and kick us off. We sought legal council and their advice was we stop paying him $4000 every month as it was not part of the contract and to stop speaking with him. This lead to him not being able to repay his mortgage and he lost the property to CBA. CBA appointed receivers to kick us off. After this happened our lawyers HWLe dropped us like a hot potato because apparently CBA is a big client of theirs. We then had to scramble for representation but we don’t to be able to get anywhere with lawyers. Our last lawyer told us we had a Win in court and then the receivers simply appealed it. Then instead of preparing documents for the appeal made told us there was no updates and to wait because the courts were busy and it can take a year or more. In the end he didn’t turn up to the Supreme Appeals Court, they went ahead with hearing and had all our hard work wiped clean so that everything reverted back to the Receivers win. See ‘Hooper v Parwan Investments Pty Ltd & Anor
(receivers appointed)’ if you are interested in the case. We had no idea until June that all this had happened in May. The court ordered the sheriff to get us off the property and the Sheriff put a notice on our property gates to be out by 19th this month. We have livestock and machinery and a house to pack. There’s no way we can get it all done in time. I’m new to the concept of turning offers into contract. Is there anyone who can help? -
Thank you for this advice. Which manual are you referring to?