Vendor lived in Queensland and was represented by a Victorian lawyer.

Vendor's representation had prejudice against purchaser due to conflicts from previous dealing 2020

 

Vendor could not provide clear title by settlement when he signed the contract

Vendor did not have the right to sell the land when he signed the contract

Vendor did not disclose violence on the property when he signed the contract

Vendor issued Section 32 missing outgoings

Vendor dated purchaser's signature incorrectly

Vendor left purchaser's name blank on Section 32

 

Vendor did not provide clear title by settlement

Vendor did not remedy Section 32 outgoings by settlement

Vendor did not disclose sheriff's quarantine by settlement

Vendor unreasonably obstructed licence to occupy before settlement

Vendor caused purchaser's conveyancer to resign 6 days before settlement

 

Selling agent transferred deposit to vendor trust while vendor could not provide clear title

Purchaser did not receive particulars of vendor's mortgage to her sight

 

Purchaser was ready and prepared to pay on settlement

At no time had the purchaser breached contract prior to settlement

 

Purchaser did not issue a default notice

Purchaser stated her position as "contract void" due to overwhelming breaches and non-disclosure

Purchaser asked for refund of deposit

Purchaser offered no financial claim against vendor if he refunded her deposit

 

Vendor denied refund

Vendor set new settlement date with 2 days notice for purchaser to complete

Vendor breached purchaser's right to inspect the property 7 days prior to new settlement

 

Vendor did not remedy section 32 outgoings by new settlement

Vendor did not remedy false dates on contract by new settlement

Vendor did not enter purchaser's name on Section 32 by new settlement

Vendor did not disclose information relating to purchaser's safety by new settlement

Vendor did not remedy purchaser's right to inspect property 7 days prior to settlement

 

Purchaser did not complete

Selling agent disclosed to purchaser that the property had previously been under sheriff's quarantine 

Vendor sent legal threats 

Vendor issued default notice 

Outcome

Vendor breached contract

Purchaser received refund of deposit