Code of compliance still not issued

[Rayandstew]

Hi there -

Have a legal matter I think. Our S&P Agreement from the beginning said we will buy home with Code being issued. A few days before settlement, vendor emailed us building consent all ticked off and led us (and the bank) to believe the code was going to be issued, that was in June 2014. Up until now (August) we still haven't had the code issued because vendor is disputing the fees council has charged, so we still haven't got the code. We also moved into property June 2014.
She led us all to believe code was being issued, so we paid over money, bank gave us the mortgage and still no code.
Am talking with her lawyer at the moment, they say they are still waiting on producer statements from builder etc, so they can work out fees.
But we feel that we did everything correct, vendor hasn't, and is mucking around?? Do we have any legal rights here?? TIA

[PTILoveYou]

Well, really you should have settled on the property only when CCC & title have been issued...

and I'm surprised the bank gave you the mortgage with CCC not been issued...

[Rayandstew]

I know. But she led us all to believe it was going to be issued within 20 working days, so we had no reason to not believer her and now its all gone haywire. Council was issue code, but she needs to pay her fees first!

[drelly]

But she led us all to believe it was going to be issued within 20 working days...

Didn't you use a lawyer? Why would you just believe her?

[Davo36]

I know. But she led us all to believe it was going to be issued within 20 working days, so we had no reason to not believer her and now its all gone haywire. Council was issue code, but she needs to pay her fees first!

Man, I'm sorry but you NEVER believe what someone else says when hundreds of thousands of dollars are at risk.

You wait the 20 working days THEN settle.

A learning situation I hope.

[PTILoveYou]

I know. But she led us all to believe it was going to be issued within 20 working days, so we had no reason to not believer her and now its all gone haywire. Council was issue code, but she needs to pay her fees first!

Is there any legal binding document for the ex-vendor to get CCC issued?

Again your lawyer should be advising you what to do....

[speights boy]

Is it the same property as you were having problems with back in April ?

Conditions not met before deadline to go unconditional

[Rayandstew]

lol - yes same property. Yes lawyers looked all over it and approved everything, so if they approved everything, we thought everyone would be fine! We aren't the property experts, we were just trying to buy a house

[Rayandstew]

And our lawyer, we will NEVER use again! We even went back to him and he told us that we told him to pay so he did! He was absolutely useless and have since steered people away from using him

[Rayandstew]

Is there any legal binding document for the ex-vendor to get CCC issued?

Again your lawyer should be advising you what to do....

Property investing is easy if you take action at the right time, and with the right coaching.
www.Ronovationz.com

Yes - it was all in the S&P agreement, that we wanted the code. This all seems very strange, that it all went thru anyway? Im so confused, feel we have done everything right and still being mucked around by crazy vendor!

[PTILoveYou]

Is there any legal binding document for the ex-vendor to get CCC issued?

Again your lawyer should be advising you what to do....

Property investing is easy if you take action at the right time, and with the right coaching.
www.Ronovationz.com

Yes - it was all in the S&P agreement, that we wanted the code. This all seems very strange, that it all went thru anyway? Im so confused, feel we have done everything right and still being mucked around by crazy vendor!

I think your lawyer stuffed up big time, but I haven't seen the exact clause in the S & Purchase to really comment though.

I have recently bought a new house on subdivided land, and we settled after CCC & title have been issued.

The only condition on my S & P was on the 1st page under Conditions of Sale:

The settlement date is xxx or five working days after the issue of new title, which is the later.

I understand that title cannot be issued until CCC is issued too (for subdivided land & house), but I'm not a lawyer so not sure.

[Rosco]

Hi Rayandstew,

I wonder if this is your lawyers problem. They never should have allowed you to settle with out the CCC being issued.

I would find out how much fees are owing, and then ask nicely for your lawyer to pay them as they haven't done their job correctly and have caused this problem. The lawyers can then chase and deal with the vendor to get their money.

Ross

[Rayandstew]

Hi Rayandstew,

I wonder if this is your lawyers problem. They never should have allowed you to settle with out the CCC being issued.

I would find out how much fees are owing, and then ask nicely for your lawyer to pay them as they haven't done their job correctly and have caused this problem. The lawyers can then chase and deal with the vendor to get their money.

Ross

really.........I can do that? But have spoken to him and he has more or less said that its not his problem? Please, tell me more....knew he was a terrible lawyer!

[speights boy]

Are you, scout's honour, sure this is all your lawyer's fault ?
You didn't perhaps 'not see' what was happening because you didn't want to see problems ?
You wrote back in April:

we don't think we have the best of lawyers to help us!

The seller has been a bit dodgy (we think) by relisting it on Trade me again, just a week out from us going unconditional.

so we are feeling a bit pressured as we (and the bank) want the code granted before we go unconditional. But we don't want to lose the home.

Leaving us (nearly 5 months down the track) without a home to go to?

Or....could we go unconditional on the 30th April, because the code of compliance is nearly 80% there, but hold back say $50K

That was the last we heard.

You then moved in in June and (I assume) settled, as you believed the vendor's promises.

Are you saying now that you instructed your lawyer not to settle ....as that bit confuses me.

It was in the S&P that you wanted the CCC.
But; was that condition signed off by you, so you could move in ?
If so, how is that the lawyers fault ?

Sure, you may have a case against your lawyer.
But you said back in April that you thought they were not good, and the vendor was 'dodgy'.
Are we getting the full story here ?

[Davo36]

That's exactly what I thought SB.

This person is all over the place. And constantly looking for people to blame for her own failings.

Dealt with people like this on a regular basis when I was a real estate agent. They'd tell you to do something and then a week later yell down the phone at you for doing that exact thing. Or you'd be careful to say that your fees were PLUS GST, even get them to sign something saying so and then a month later they'd be yelling at you saying "You never said anything about GST!"

You just can't win with some people.

It seems clear to me that rayandstew have told their lawyer to settle without CCC and are now blaming him/her for settling without CCC.

rayandstew, look you need to get the CCC but it will be harder now since the vendor has your money and what incentive do builders and other tradies have no reason to do any work for you because presumably you're not paying them do do any work for you.

Just try and work through it step by step, stop blaming others and take responsibility for your own actions and you'll be fine. It will take a number of months but you will get there.