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Clients escape land repossession by developer for non compliance with strict deadline due to illness

Conveyancer-in-charge: Christine Bassett

Christine assisted her clients to purchase a vacant block of land from a developer. There was a condition in the Contract that the purchaser must have substantially commenced construction of a home on the land within twelve (12) months of settlement/completion. If the construction of a home has not been commenced within the twelve (12) month period, the developer reserved the right to take back the land and to resell it to someone else.

A few months prior to the substantial construction deadline, the clients contacted Christine, and requested her assistance again. Both clients had become seriously ill during the months after settlement/completion and due to the illnesses and treatment, they had been unable to begin any construction on the purchased land at all. They had since recovered to the point where they were ready and willing to begin construction. Although they had contacted the Developer to advise them of the situation and request an extension due to the circumstances they had heard nothing back.

Although the matter was completed and settled Christine contacted the Developers solicitor and advised them of the situation and requested a further twelve (12) month extension to the construction deadline on behalf of her clients. Although a response was not initially forthcoming, Christine’s persistence prevailed and the Developer granted the request for an extension without any penalties being applied.

The clients were exceedingly grateful for Christine’s assistance and very pleased with the outcome she obtained for them.

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