Case Study 1 - Property Contracts Terminated

A group of buyers in a large residential development in Queensland - who had signed 'off the plan' contracts - commissioned Ferguson Cannon shortly before the contracts were due to settle.

The buyers had realised that the properties were not the same that had been represented to them by the selling agent and did not want to continue with the purchase.  Some of the buyers had been told by other solicitors that they should settle.

Our Director Byron Cannon took control of the matter and quickly reviewed all of the contracts.  Byron uncovered a number of areas of non-compliance with relevant laws in relation to the presentation of the contracts that enabled the buyers to terminate.  Misrepresentations made by the agent provided further grounds to rescind the contracts.

Letters of termination were forwarded to the seller - a large developer.  The terminations were initially rejected but after some negotiations Byron was able to get the Seller to agree to validly terminate all the contracts.  He also secured the release of the deposits in full for each buyer.  All of this was achieved without the expense of court proceedings.

Needless to say all of the clients were extremely happy with a quick and relatively inexpensive finalisation of their matter.

Case Study 2 – Estate Dispute

Byron Cannon recently received instructions to act for an elderly couple who had been appointed executors for the estate of a friend who had recently passed away.

The deceased’s estranged daughter made a claim against the estate for failure to make provision for her.  The executors were adamant about carrying out the wishes of their late friend.

It was established at an early stage that the value of the estate did not warrant lengthy and expensive litigation as the estate would have been consumed by legal fees.

Mediation was organised and all parties attended.  Through skilful negotiations we were able to reach a resolution to the dispute that satisfied all parties.