Property Disputes
Property ownership or access forms the basis of so many of our personal and business activities that it is not surprising that lawyers spend a lot of their time dealing with property transactions. Inevitably some of those transactions give rise to disputes.
Furthermore, because property underpins so much other activity, a "property" dispute is often mixed up with some other matter, like a partnership dispute, the sale of a business, a family law matter or an investment decision.
Quinn & Scattini has expertise in numerous areas of law and its property dispute lawyers are well equipped to handle your property dispute in a holistic manner, taking into account other commercial considerations in addition to the property aspects of your transaction. Where the dispute impacts on family or other areas of law, our lawyers work as a team to ensure your rights are protected "across the board"
Some property disputes are familiar to all, for example where a purchaser or vendor refuses to fulfill its obligations under a land sale agreement, leaving the other party homeless or paying a high interest rate for finance on two properties. A mortgage may impose unlawful conditions, or a mortgagee may act outside its legal rights. Leases also contain a range of ongoing obligations any breach of which may give rise to a dispute.
Another familiar dispute is the dispute over a fence line or encroachment that threatens to create a poisonous relationship between neighbours.
Other property disputes are more common in relation to investment properties. What do you do if you have bought an investment apartment as a result of the vendor's misleading and deceptive conduct, or where the vendor has failed to comply with its obligations to provide information to you? What are your rights if you have bought a property "off the plan" only to find that it hasn't been constructed as represented to you?
The client's criteria for what constitutes a good result in each of these disputes may differ. In one it will be a quick outcome, in another it will be the minimisation of bad feeling between the disputing parties. In the investment area, the main aim may be to achieve a positive resolution without incurring unreasonable costs.
At Quinn & Scattini we make sure that we understand what constitutes a good outcome to you. Then we help you to decide amongst the options available to you and advise you of the process by which we will achieve that outcome and the time and cost involved.
Often disputes can be avoided by getting good legal advice from the outset. Quinn & Scattini also offer a full range of property advisory services to enable you to structure your transactions in a way that avoids subsequent difficulties.
In any dispute it is important to get good legal advice as quickly as possible. Please call Quinn & Scattini to arrange an initial consultation with one of our property dispute lawyers.
If you would like to find out how Quinn & Scattini can help you, please call us on 1800 999 529, or email us at mail@quinnscattini.com.au
