topic Legal question in Depression

Legal question

Wonderer — Sun, 01 Feb 2015 08:06:31 GMT

Had a mental breakdown a s was put on mew medication . I sold the family home without reading the contract through an agent who 'heard' I was thinking of selling. Is there any way to get out of this situation?

Legal question

CrashCoyote — Sun, 01 Feb 2015 11:56:45 GMT

Hi Wonderer,

A lot depends on which part of Australia you live in and what affect the medication may have had on you. If it is the "family home" and your wife is listed as an owner, you cannot sell it alone, anyway.

In essence a verbal or written contract is binding if both parties knew what they were signing, its effect and that the contract did not remove or interfere with other rights or obligations under the law. For example, you cannot enforce a clause in a contract that says no stamp duty is payable on the purchase. Stamp duty must be paid by law and such a clause would not negate it.

I think an obvious and urgent first step for you is to see your local Legal Aid office. If you do not qualify (earn to much) then you need to pay for a conveyancer to help you.

There is obviously a lot at stake.

If you have merely changed your mind but knew what you were doing when you signed the contract, it is enforceable.

Good luck with it. John.

Legal question

geoff — Sun, 01 Feb 2015 21:00:37 GMT

dear Wonderer, I think John would know more about this, but the real estate agent should have his/her best interest in you selling the property, but this can be a very contentious point as they just want to sell so that they get their commission.

If the agent has taken advantage of you, then there maybe some reason to contend, but you need legal advice, and the sooner the better. Geoff.

Legal question

Wonderer — Mon, 02 Feb 2015 01:11:11 GMT

Thanks for the response.

Legal question

Wonderer — Mon, 02 Feb 2015 01:12:13 GMT

Thanks Geoff