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Has anyone managed to rescind from a LDA land contract??

Hb1234 19 June 2012 23

I am trying to get out of a Land Development Agency contract though it isnt very easy!!

Can anyone advise?


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23 Responses to Has anyone managed to rescind from a LDA land contract??
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poetix poetix 8:07 pm 21 Jun 12

HenryBG said :

poetix said :

People, just imagine. You’re on a jury in a murder trial. One of the other jurors seems to delight in being difficult and aggressive for no reason you can detect. You are locked in with him. By the end of the day, there is another murder in the locked room.

And nobody saw a thing.

I see you share my misgivings about the likely quality of juries formed under the current system of scraping together those people willing to work for $96/day.

Well no, because:

‘Better is a little with righteousness than great revenues without right.’ Proverbs 16

The rest was just a harmless fantasy…

HenryBG HenryBG 6:46 pm 21 Jun 12

poetix said :

People, just imagine. You’re on a jury in a murder trial. One of the other jurors seems to delight in being difficult and aggressive for no reason you can detect. You are locked in with him. By the end of the day, there is another murder in the locked room.

And nobody saw a thing.

I see you share my misgivings about the likely quality of juries formed under the current system of scraping together those people willing to work for $96/day.

poetix poetix 6:18 pm 21 Jun 12

People, just imagine. You’re on a jury in a murder trial. One of the other jurors seems to delight in being difficult and aggressive for no reason you can detect. You are locked in with him. By the end of the day, there is another murder in the locked room.

And nobody saw a thing.

HenryBG HenryBG 5:56 pm 21 Jun 12

bigfeet said :

What a crock of s***. Simply admit that you think that jury service is beneath you and you believe you owe society nothing and move on.

You haven’t been paying attention.
If I agree to accept a daily rate of $96/day, I can’t pay my bills. If I can’t pay my bills, my house gets repossessed and my children will have to go to public schools.

Nothing to do with “being beneath me”(projected superiority complex inferiority complex noted).
I’d love to sit in a jury to avail myself of the opportunity to #&@$-up some incompetent smart-arse lawyers’ case.

bigfeet bigfeet 5:43 pm 21 Jun 12

HenryBG said :

bigfeet said :

HenryBG said :

bigfeet said :

HenryBG said :

Makes you wonder why they bother with contracts at all, if they let slack-arses just dip out on a whim like that.

Typical ACT Government incompetence.

I agree . It’s just like the contract citizens make with society. You know, the contract that a member of that society can enjoy all the benefits it provides, and in return all they need do is serve on a jury when required. Probably only once in their life.

It would take a pretty despicable citizen to try to break that contract.

I’m not aware of any such contract. When did I sign it?

Contracts dont have to be signed. They can be implied or generally accepted as being in existence.

So what you’re saying is that I am party to a contract I have never heard of let alone agreed to.

Am I living in Communist Russia?

I pay my tax. If they want more tax, all they have to do is ask.
Arbitrarily denying me my income for an undeterminable amount of time that could extend to weeks or months is completely unacceptable in a free society whose laws are based on the written contract between ruled and their rulers that resulted from the revolt against King John.

Your lifetime of taxes would be lucky to build and maintain 10km of road for your lifespan, or run a hospital for a week. Oh sorry, I forgot, you are mega rich, two weeks then.

What a crock of s***. Simply admit that you think that jury service is beneath you and you believe you owe society nothing and move on.

HenryBG HenryBG 12:11 pm 21 Jun 12

bigfeet said :

HenryBG said :

bigfeet said :

HenryBG said :

Makes you wonder why they bother with contracts at all, if they let slack-arses just dip out on a whim like that.

Typical ACT Government incompetence.

I agree . It’s just like the contract citizens make with society. You know, the contract that a member of that society can enjoy all the benefits it provides, and in return all they need do is serve on a jury when required. Probably only once in their life.

It would take a pretty despicable citizen to try to break that contract.

I’m not aware of any such contract. When did I sign it?

Contracts dont have to be signed. They can be implied or generally accepted as being in existence.

So what you’re saying is that I am party to a contract I have never heard of let alone agreed to.

Am I living in Communist Russia?

I pay my tax. If they want more tax, all they have to do is ask.
Arbitrarily denying me my income for an undeterminable amount of time that could extend to weeks or months is completely unacceptable in a free society whose laws are based on the written contract between ruled and their rulers that resulted from the revolt against King John.

heather92 heather92 11:32 am 21 Jun 12

thank you for those that were helpful,
and those that referred me to my lawyer, thank you also, though i am one step ahead, all im doing is gathering info from everywhere!! 🙂

my problem is solved.

bigfeet bigfeet 1:59 pm 20 Jun 12

HenryBG said :

bigfeet said :

HenryBG said :

Makes you wonder why they bother with contracts at all, if they let slack-arses just dip out on a whim like that.

Typical ACT Government incompetence.

I agree . It’s just like the contract citizens make with society. You know, the contract that a member of that society can enjoy all the benefits it provides, and in return all they need do is serve on a jury when required. Probably only once in their life.

It would take a pretty despicable citizen to try to break that contract.

I’m not aware of any such contract. When did I sign it?

Contracts dont have to be signed. They can be implied or generally accepted as being in existence.

beardedclam beardedclam 11:46 am 20 Jun 12

Maybe you should have spent some time reading your contract prior to signing it. If you couldnt understand the contents of that contract then you should have engaged a solicitor to act on your behalf. When I entered my ballot it was pretty clear and the LDA strongly advises to do so. It makes a huge difference if it is a Land Rent contract compared to a Standard purchase, it is all pointed out in the contract you signed.

HenryBG HenryBG 11:30 am 20 Jun 12

bigfeet said :

HenryBG said :

Makes you wonder why they bother with contracts at all, if they let slack-arses just dip out on a whim like that.

Typical ACT Government incompetence.

I agree . It’s just like the contract citizens make with society. You know, the contract that a member of that society can enjoy all the benefits it provides, and in return all they need do is serve on a jury when required. Probably only once in their life.

It would take a pretty despicable citizen to try to break that contract.

I’m not aware of any such contract. When did I sign it?

VYBerlinaV8_is_back VYBerlinaV8_is_back 9:27 am 20 Jun 12

bigfeet said :

HenryBG said :

Makes you wonder why they bother with contracts at all, if they let slack-arses just dip out on a whim like that.

Typical ACT Government incompetence.

I agree . It’s just like the contract citizens make with society. You know, the contract that a member of that society can enjoy all the benefits it provides, and in return all they need do is serve on a jury when required. Probably only once in their life.

Plus pay tax…

bigfeet bigfeet 7:56 am 20 Jun 12

HenryBG said :

Makes you wonder why they bother with contracts at all, if they let slack-arses just dip out on a whim like that.

Typical ACT Government incompetence.

I agree . It’s just like the contract citizens make with society. You know, the contract that a member of that society can enjoy all the benefits it provides, and in return all they need do is serve on a jury when required. Probably only once in their life.

It would take a pretty despicable citizen to try to break that contract.

HenryBG HenryBG 12:04 am 20 Jun 12

Makes you wonder why they bother with contracts at all, if they let slack-arses just dip out on a whim like that.

Typical ACT Government incompetence.

Holden Caulfield Holden Caulfield 11:13 pm 19 Jun 12

heather92 said :

yes though life is life, things happen

please only helpful comments!

Call your solicitor.

If you don’t want comments from the peanut gallery, don’t ask them.

mickey mickey 10:34 pm 19 Jun 12

Yes we did rescind, back in January for a block (land rent). Our solicitor did the paperwork, sent the letter to LDA requesting we be allowed to rescind as we could not settle due to financial constraints. He also then followed up with the paperwork to Revenue to get the stamp duty back.
It is still upto the LDA to accept though.

woodman woodman 8:30 pm 19 Jun 12

Bbbbbn

woodman woodman 8:29 pm 19 Jun 12

Yep. Did it just last week. Just wrote a email to the solicitors saying we couldn’t afford to settle (was land rent) and they sent through the stat decs to sign to say we weren’t rescinding so someone else could get it. Now I just need to get into revenue to get our stamp duty back.

Was it land rent or full transfer?

At the end of the day if you can’t afford to settle I can’t see why they wouldn’t rescind?

May I ask what suburb? Then I can work out if it is the same law firm.

rosscoact rosscoact 6:34 pm 19 Jun 12

heather92 said :

yes though life is life, things happen

please only helpful comments!

I was trying to be helpful. Sorry if telling the truth is perceived as being unhelpful.

There is more than one example where big players have defaulted on a contract and lost their dough. You may be lucky or you may just waste your money trying to wriggle out of a contract.

HenryBG is correct.

You can probably also seek permission from the Minister to deal in the lease through hardship provisions if you can prove it

HenryBG HenryBG 4:57 pm 19 Jun 12

Your cheapest option is to novate the agreement: find a replacement buyer and have your existing contract novated into their name.
You should be up for the cost of hiring a lawyer to draw up a Deed of Novation as well as the cost of the Seller’s solicitor’s time to advise his client, check the Deed and have it executed. Better than defaulting.

greyswandir greyswandir 4:29 pm 19 Jun 12

greyswandir said :

Prob best to see a lawyer. They’ll be able to analyse the actual contract and tell you if there are any escape clauses/legislation that applies to help you out.

Of course you do run the risk of getting a terrible lawyer who comes up with nothing and charges you through the nose for it. WHAT A FUN CHOICE.

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