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Offline looney


  • Joined: Mar 2007

  • Drives: VW Beetle
Hey guys, I received a phone call today, that has me a little perplexed as to a property dealing some years ago.

basically here is the scenario

4 years ago i purchased a property with my then wife.

the property manager let the property, and put 3 weeks bond into the trust account and (apparently) erroneously put 1 week rent into our monthly statement.

my wife & I divorced 3.5 years ago, and in the orders i retained the property and paid her for half of the house

I then a few months later sold the property to a new owner.

i have just received a phone call from the property manager demanding that i pay back the bond money they incorrectly issued to us in a monthly statement, back when the property was owned in apartnership between my wife & myself.

do they have any legs to stand on here? the way i see it, is that at either of the 2 subsequent settlements they should have checked their figures etc.

I'd love to hear any feedback from anyone who knows the system.

Cheers

Looney



Offline dodger

  • Tommy Gunna

  • Joined: Dec 2009

  • Location: Melbourne
So we're only talking about 1 week being demanded as the other 2 were in the bond account ?

Thats probably right you should refund it but the agents are at fault for giving it to you in the first place.

BUT you should ask your lawyer which might cost more than the week in question or ask the Real Estate Institute in your state.

Your ex owes half of that I guess.



Offline 355Aussie


  • Joined: Jan 2010

  • Location:
  • Drives:
My brother is a lawyer and he said you have to pay it regardless of the error. To take it further would cost you a lot more money anyway so best to pay it and put it behind you.




Offline Chemical Man


  • Joined: Nov 2010

  • Location: Melbourne
You were/are not entitled to the money, its not yours, its only a few hundred(im guessing). Someone accidentally gave you money be honest and give it back. Even if there is a technical loophole it wont be worth the hassle/cost.



Offline looney


  • Joined: Mar 2007

  • Drives: VW Beetle
yeah, but am i liable for the whole lot? or just half? as the mistake was made when the property was in joint names, and then 2 settlements happened subsequently?



Offline dodger

  • Tommy Gunna

  • Joined: Dec 2009

  • Location: Melbourne
yeah, but am i liable for the whole lot? or just half? as the mistake was made when the property was in joint names, and then 2 settlements happened subsequently?

Ask your wife for her half, if she says no, run over her letterbox as you leave.



Offline anotherforumuser

  • AE's voice of reason
  • Choose to take risks or settle for ordinary.

  • Joined: Sep 2010

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  • Location: Downunder



Offline looney


  • Joined: Mar 2007

  • Drives: VW Beetle
we live on opposite sides of the country,

as soon as i could escape WA i did,

and am now happily living in Poverty in QLD



Offline PA

  • One man comedy gala

  • Joined: Jan 2008

  • Location: www.club-carbon.com
You would both be liable for the debt. They can choose claiming from either or both parties combined under joint and several liability.



Offline 360c

  • 300kph+ club
  • Drug Dealer

  • Joined: Apr 2006

  • Drives: Purple People Eater
yeah, but am i liable for the whole lot? or just half? as the mistake was made when the property was in joint names, and then 2 settlements happened subsequently?
Intersting conundrum, that's why we have lawyers I guess.

If the property was in both names, what about the management contract with the agent? If that was in your name only they could argue the contract was with you alone.
There could also be the arguement that when your wife transfered her interest in the property to you, you subsequently took over all liabilities and contractual obligations.

If it is a small amount of money, if it were me I would just pay them and move on. It doesn't make economical sense to fight it, and do you need the aggro of trying to drag a potentially hostile 3rd party into it?



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