Categories for Disputes

Proceeds payment directions by executors.

6/7/2017
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ExecutorsBy Mr Matthew Ellis – Director MGB Legal“Recently, the question has been raised about payments made to executors of deceased estates. More specifically, the question was raised about whether it is acceptable to make a payment of the proceeds of settlement directly to the executor, as opposed to an account in the name of the deceased’s estate. Obviously, you have to take your client’s instructions as to how to make payment of cheques, but there is some danger in allowing...

What do I do: Issues discovered at final inspection?

23/5/2017
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Immanent Settlement; Have you discovered an issue, like damage or some defect that IS covered under your contract at the final inspection?After recommending Legal Advice (since we are not lawyers). Often the quickest & cleanest way forward with a pending settlement is to arrange a “Payment in lieu” variation. Something along the lines of; “Seller:Buyer:Property address:Contract dated:______________________________________________________ The Seller and Buyer AGREE to vary the Contract as follows:- The Buyer accepts the listed item(s) {list or see attached} as discovered...

News from First Title: Claims Chronicles – May 2016

20/5/2016
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What happened? Our client purchased an original 1950s style home in SA with the intent of demolishing it and building their dream home. The client exchanged contracts and began to prepare plans for their new home. Shortly after settlement, the client submitted plans to the Council to construct their dream home. The plans were rejected by Council on the basis of a proposed heritage listing, which was applied just prior to settlement. The client was in shock and immediately contacted...