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???? This might get messy...

#Post
1

https://www.stuff.co.nz/business/126069100/peter-thiel-mansi
on-sale-stopped-by-american-millionaire

Might get expensive too!
???? ???? ???? ???? ???? ????

lovelurking - 2021-08-15 16:59:00
2

Might get particularly messy if 18 tonnes of Swiss granite gets displaced when the Alpine Fault goes too!

seaqueen - 2021-08-15 18:12:00
3

Lawyers will be rubbing hands together, bother about covid, holiday destinations are a bit limited

maddie44 - 2021-08-15 18:17:00
4

Doesn't a real estate contract have to be in writing? This seems to be just verbal with no signed agreement.

masturbidder - 2021-08-15 21:40:00
5

The member deleted this message.

gunna-1 - 2021-08-16 02:24:00
6
masturbidder wrote:

Doesn'-
t a real estate contract have to be in writing? This seems to be just verbal with no signed agreement.

A verbal contract is perfectly legal. But without a recording or witness it is near unenforceable if challenged.

tony9 - 2021-08-16 11:02:00
7

I get the impression that the OP's reference would indicate less than 1% of this happening in the last year, even with a contract. Standard contract allows this, but I don't think many buyers realise it until they get stung.

tony9 - 2021-08-16 11:05:00
8
tony9 wrote:

A verbal contract is perfectly legal. But without a recording or witness it is near unenforceable if challenged.

Not for the sale of real estate, it must be in writing and contain all the terms and conditions by which the parties intend to be bound. He will get nowhere with this.

ebygum1 - 2021-08-16 17:45:00
9
tony9 wrote:

A verbal contract is perfectly legal. But without a recording or witness it is near unenforceable if challenged.

Not for the dissposition of land and certain other contracts e.g. credit.

Edited by johnston at 5:53 pm, Mon 16 Aug

johnston - 2021-08-16 17:52:00
10
tony9 wrote:

I get the impression that the OP's reference would indicate less than 1% of this happening in the last year, even with a contract. Standard contract allows this, but I don't think many buyers realise it until they get stung.

standard contract allows what?

sparkychap - 2021-08-16 17:55:00
11
ebygum1 wrote:

Not for the sale of real estate, it must be in writing and contain all the terms and conditions by which the parties intend to be bound. He will get nowhere with this.

How do you know it's not in writing? They may have agreed price and terms and put them on the back of a drinks coaster.

committed - 2021-08-16 18:20:00
12
tony9 wrote:

A verbal contract is perfectly legal. But without a recording or witness it is near unenforceable if challenged.

The courts regularly enforce verbal agreements.

johnston - 2021-08-16 18:28:00
13
sparkychap wrote:

standard contract allows what?

Not directly, but it is common now to include the Cash out clause...

https://smithpartners.co.nz/property-law/what-is-a-cash-out-
clause/

tony9 - 2021-08-16 18:48:00
14
tony9 wrote:

Not directly, but it is common now to include the Cash out clause...

https://smithpartners.co.nz/property-law/what-is-a-cash-out-
clause/

so not the standard contract then. And I think most buyers will spot that clause if inserted…

sparkychap - 2021-08-16 18:54:00
15

It’s going to be interesting to watch this unfold.

I would have expected I’d need to sign (and have the sellers signature accepting the offer) an unconditional purchase agreement before I thought of it as my new property if I was the buyer...

If I was the seller, I sure as hell wouldn’t give anyone access to the property until the money was in my lawyers bank account.

lovelurking - 2021-08-16 20:52:00
16

Still for sale...

https://wallrealestate.co.nz/property/24-edinburgh-drive-que
enstown/

No caveats on the title though.

sparkychap - 2021-08-17 06:56:00
17
sparkychap wrote:

Still for sale...

https://wallrealestate.co.nz/property/24-edinburgh-drive-que
enstown/

No caveats on the title though.

You do know that sometimes a property that is being advertised for sale may have already sold.

committed - 2021-08-17 07:26:00
18
committed wrote:

You do know that sometimes a property that is being advertised for sale may have already sold.

Golly gosh, are you suggesting the agent might be misrepresenting or incompetent?

sparkychap - 2021-08-17 08:54:00
19

The odd one for me is that the buyer states they were with “their” estate agent (an experienced Bayleys sales person of 12 years). You’d have thought that anyone representing the buyer would immediately move to get the paperwork in place.

The selling agent would also know that it was in the interest of their client to get ink on paper ASAP.

Something very odd about this story for sure.

sparkychap - 2021-08-17 09:18:00
20
sparkychap wrote:

Still for sale...

https://wallrealestate.co.nz/property/24-edinburgh-drive-que
enstown/

No caveats on the title though.

My lawyer told me that you can’t just go and put a caveat on a property because you are pi$$ed off with the owner...

Perhaps there isn’t a caveat and we are merely watching a bitch fight between a few rich listers? ???? ???? ???? ???? ????????

lovelurking - 2021-08-17 10:28:00
21

But you can lodge a caveat if you believe you have an interest in the property. Which is what this person claims.

sparkychap - 2021-08-17 10:53:00
22

I think there we are not in possession of all the facts.
When did RE's decide that the "deal is done" and "here are the keys, the place is yours now" ?? All that "nice legal stuff" to do with accepting offers etc is the job of the seller / owner in conjunction with his / her legal advisors.
It all sounds like the RE is trying to play with the big boys / millionaires and have ideas well above his station.

onl_148 - 2021-08-17 11:50:00
23
lovelurking wrote:

My lawyer told me that you can’t just go and put a caveat on a property because you are pi$$ed off with the owner...

Perhaps there isn’t a caveat and we are merely watching a bitch fight between a few rich listers? ???? ???? ???? ???? ????????

Well you can, but you will be liable for damages. Your lawyer is right.

johnston - 2021-08-17 11:57:00
24
onl_148 wrote:

I think there we are not in possession of all the facts.
When did RE's decide that the "deal is done" and "here are the keys, the place is yours now" ?? All that "nice legal stuff" to do with accepting offers etc is the job of the seller / owner in conjunction with his / her legal advisors.
It all sounds like the RE is trying to play with the big boys / millionaires and have ideas well above his station.

Pretty much right I suspect, except we don't know what the agent actually said. He may have acted completely appropriately, or he is now trying to cover his tracks. If he did say those things alleged I would hate to be in his shoes.

Either way, it won't help McGee secure the property.

johnston - 2021-08-17 12:04:00
25
committed wrote:

How do you know it's not in writing? They may have agreed price and terms and put them on the back of a drinks coaster.

Because it stated they had a verbal agreement

ebygum1 - 2021-08-17 17:15:00
26

“McGee acknowledged he had not received anything in writing confirming his offer had been accepted.“ That doesn’t mean McGee didn’t put his offer in writing.

committed - 2021-08-17 17:35:00
27

This is an exception to the "in writing and signed" requirement for the contract to be enforced but it is rarely successful.

johnston - 2021-08-18 07:39:00
28
committed wrote:

You do know that sometimes a property that is being advertised for sale may have already sold.

I'm looking for somewhere to buy and often the houses advertised for sale already have offers on them. I think the agents should update their listings and say there are offers.

spidermurti - 2021-08-18 09:08:00
29
spidermurti wrote:

I'm looking for somewhere to buy and often the houses advertised for sale already have offers on them. I think the agents should update their listings and say there are offers.

You mean an agreement, not an offer.

johnston - 2021-08-18 09:59:00
30
tony9 wrote:

A verbal contract is perfectly legal. But without a recording or witness it is near unenforceable if challenged.

There was a witness.

If it comes to the worst I'm sure GoPro man can afford to buy some land in Queenstown build a similar house.

houseofdad - 2021-08-18 10:28:00
31
houseofdad wrote:

There was a witness.

If it comes to the worst I'm sure GoPro man can afford to buy some land in Queenstown build a similar house.

Unless they wrote and signed on the witness it is irelevant.

johnston - 2021-08-18 10:30:00
32
houseofdad wrote:

There was a witness.

If it comes to the worst I'm sure GoPro man can afford to buy some land in Queenstown build a similar house.

If only he had a handy high res camera running...

sparkychap - 2021-08-18 10:33:00
33
johnston wrote:

Unless they wrote and signed on the witness it is irelevant.

That's almost as good as "Snot on a dead fish"...

sparkychap - 2021-08-18 10:34:00
34
sparkychap wrote:

That's almost as good as "Snot on a dead fish"...

A classic!

johnston - 2021-08-18 10:40:00
35

everybody likes to see people with money have shitty life problems too.

bitsnpieces2020 - 2021-08-18 12:03:00
36

SOLD

https://wallrealestate.co.nz/properties/

committed - 2021-08-18 22:15:00
37
committed wrote:

SOLD

https://wallrealestate.co.nz/properties/

That didn’t take long. Someone will be very happy! I wonder who won?

lovelurking - 2021-08-19 07:26:00
38
johnston wrote:

Unless they wrote and signed on the witness it is irelevant.

Cheers

There was a conflict of interest with the witness to boot.

houseofdad - 2021-08-19 10:50:00
39
sparkychap wrote:

If only he had a handy high res camera running...

That is so funny.

houseofdad - 2021-08-19 10:51:00
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