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Forced Evacuation from the house

Discussion in 'Real Estate' started by leslie, 1st Apr, 2010.

  1. leslie

    leslie Member

    Joined:
    3rd Dec, 2009
    Posts:
    5
    Location:
    perth
    Our friends, young couple from India bought a property in Perth. After the agreement became unconditional, they were allowed to move in to the house pending settlement as the house was vacant. But the seller faced some problems in getting the banks to release the mortgage on the property and defaulted on settlement. Instead of that he demanded more money for his property and both parties went to court. When the civil case in process through lawyers, the seller came to the house with 20 people on one weekend and asked our friends to vacate immediately. Our friends called the police and the cops came in but offered little help. They said they could not do anything as the case is in court. Finally our friends were forced to move out of the house in their night dress with no wallets or any other documents. All their furniture were thrown on back of the truck and dropped at a storage place. The house has been now rented out to some one else. Our friends are now staying with us now with nothing in their hand desperately looking for rental house.
    We would like members of this forum to help us getting justice as we could not get any help from Police and we don’t know where to go. WE believe that this very cruel to force one out of house without even giving time to pick up their essential belongings for no fault of theirs. All the furniture has been damaged and the fridge was shifted without removing the food inside which has now became rotten. The electricity and gas connections were still in our friend’s name and someone is living there now using it. I got them disconnected this morning. The couple are undergoing so much stress and hardship that we don’t want anyone else to face the same consequences. We would like to know is it legal to use force to vacate from your own house.
     
  2. Simon Hampel

    Simon Hampel Co-founder Staff Member

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    Location:
    Sydney, Australia
    Unfortunately, I suspect the underlying issue here is that it is NOT their house. Until the property settles, it is not legally theirs.

    They may be able to claim that they have an interest in the property - not sure what that achieves though.

    This is always the issue with gaining access to a property prior to settlement - until the property is conveyed to your ownership, you will have limited rights if things go wrong.

    They should probably just walk away (try and recover any deposit money paid via the courts), and find somewhere else to live.

    Was the purchase via a real estate agent or directly? Who did their conveyancing? How much deposit did they pay?
     
  3. leslie

    leslie Member

    Joined:
    3rd Dec, 2009
    Posts:
    5
    Location:
    perth
    Forced Evacuation

    Sim
    The property was bought through reaL estate agent and went to settlement agent and the loan was from Key start who advised us not to vacate the house. The lawyer we hired advised us not to vacate. The contract agreement is a legally binding document and I heard it is very hard to get out of the agreement once it becomes unconditional. Then how this land lord was able to get away despite bringing 20 rowdies to vacate the house and the police supported this action. You dont do this even to boat people coming illegally in to this country.
     
    Last edited by a moderator: 1st Apr, 2010
  4. Billv

    Billv Getting there

    Joined:
    15th Jul, 2007
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    1,796
    Location:
    Sydney, NSW
    Leslie

    I don't know where he stands for illegally occupying someone else's property.
    Even if he has a legal interest in it, if the sale does not go through he's not the owner

    I'm actually surprised that your friend moved into a property which was not his and that his solicitor told him not to move out.

    Something is not right with the whole thing.
    I'm guessing that there could be other details which you are not aware of.

    The lawyer would know where your friends stand in this situation
    and if he can be compensated for losses due to non settlement.