Land Deposit Refund, They Keep Procrastinating. Who Is The Ombudsman?

A family member put a deposit down on some land, after stuffing around with titles for a year the land people have agreed to refund the deposit, except they just keep not doing it….

I'm not sure who the Ombudsman would be for this sort of thing. I've tried to search around but haven't had any luck.

The land is part of an estate in Western Australia.

Please help :)

Comments

  • Based on the little information you gave I am going to assume you have a real estate contract with the sellers. If so, it's time to negotiate much harder or Lawyer Up as this is a contract law matter and won't be handled by any ombudsman.

    If it's already been a year then get a good lawyer.

    But, as this is ozbargain keep asking your question as someone here may have a brilliant idea that could save you the cost of a lawyer.

  • If you paid a solicitor to review the contract initially, he/she would be a good place to start.

  • Any money paid by way of a deposit for a land purchase should be held by someone on trust. It is usually the real estate agent involved in the transaction.
    If your contract incorporates the General Conditions of Contract you normally need to give the depositholder notice that the deposit is to be returned. If the vendor doesn't dispute this then the money gets paid. If it is disputed then legal proceedings may be necessary.
    Either way you need to check the contract and then do what it says.

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