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Suzie Q
11-12-06, 01:22 PM
Hi Simigirl.

Sorry if you have posted somewhere, but I haven't seen it and will probably be called away soon.

How are you going with your windmill? I was talking about it with hubby yesterday and was wondering what the next instalment of the saga is.

simigirl75
12-12-06, 12:35 PM
Hi Suzie

Sorry I only just came across this post. At this stage it is still in the hands of the solicitor. He had suggested I get a quote to have brought back to our place and re-installed. I am supposeably to pay for this and then sue them. Seems unfair that I have to even consider doing it this way. They did steal off us after all!

I asked him how can I get a quote when it is apparently at her mother's house (real estate agent told me this) and I don't know the address. I also don't want the delivery people getting abused etc.

So he has sent off a letter to ask for the address and for them to be aware that I will be looking organising a quote. Mmmm still think they should pay for it upfront. How can you get money from someone if they don't have it?



http://i15.photobucket.com/albums/a386/simigirl75/arrghhh.jpg

Suzie Q
12-12-06, 12:42 PM
No idea Simi. I think that is like 'How do you get blood from a stone?'.

Good luck though.

simigirl75
12-12-06, 12:44 PM
Before pics (sorry they are quite big but it is to give you a good look)

http://i15.photobucket.com/albums/a386/simigirl75/PicfourWindmill.jpg

http://i15.photobucket.com/albums/a386/simigirl75/pictwoStables.jpg
Notice there is some steel etc behind the stable but it is neatly stacked.

After pics (taken when land was in our name and mess made by previous owners after our final inspection!) Oh and notice the missing windmill, it is only about mmmm est. 33 feet high!!!

http://i15.photobucket.com/albums/a386/simigirl75/missingwindmill.jpg

http://i15.photobucket.com/albums/a386/simigirl75/sideviewmess.jpg

There is some more mess around the front of the stables, that wasn't there before we bought it. Not as bad as the back. Some of the steel behind the stables is so long you would need it cut into bits fit it into a large box trailor. There are several tyres dumped and where our missing windmill was, placed on the bore is now a tyre and a bucket. Yeh so considerate, they thought they could dump tyres on our place too!!!

They even placed the tank stand behindt the stables (I think because they were coming back for that. I notice they left the old rusty tank behind, on its side).
http://i15.photobucket.com/albums/a386/simigirl75/arrghhh.jpg

Suzie Q
12-12-06, 12:50 PM
Such a shame.

It makes you wonder what the real estate agent and Solicitor actually do to get their money.

I know nothing about this. But surely someone has to make sure that a house has not been knocked down or something before settlement. Don't they? Is that up to the purchaser? I would have thought it was up to the real estate agent.

simigirl75
12-12-06, 01:37 PM
It is up to the purchaser, hence why you have an inspection day. Our settlement day was stalled by our bank a couple of days after our inspection day.
So we aren't sure if they took it after settlement day or after our inspection day. I could have asked the neighbours if they saw anything but I got the impression from the police officer and our solicitor that it would still be a civil matter. Now how does that work, if it was in our name it is our property so if they took anything after it would be stealing, surely???!!!

http://i15.photobucket.com/albums/a386/simigirl75/arrghhh.jpg

Suzie Q
14-12-06, 08:53 AM
I have never inspected a property before buying after the initial time we went. I think the real estate did that for us. Although they did miss that they had taken the mirror from the bathroom. The only mirror in the house!!!

What you said made sense to me. I think you need to go on Judge Judy!!!

FLOSSY
14-12-06, 09:19 AM
I would threaten to take the real estate agent and the ex owners to court. phone legal aid for free legal advice if you havent already they are great we used them a few times.

when we bought our house the owner dumped all his ##### next to our shead i was pissed but we are getting a skip bin but its not the point its bloody rude!!!

simigirl75
14-12-06, 09:28 AM
Thanks Floss, I never thought about ringing Legal Aid. Could save us a lot of money if they will step in and take the case over.

I will ring them first thing tomorrow.

Cheers



http://i15.photobucket.com/albums/a386/simigirl75/arrghhh.jpg

JJ01
16-12-06, 01:06 AM
Hi Simigirl

Sounds like you may need different legal advice. My gut feel (not a lawyer) is that they will have money (they now have a settlement) or if they have purchased a new place you can do lots of things like putting a notice over the title so they can't sell it until your matter is settled and if your case is proven, then sell their new place to pay out your debt.

This sounds to me like a matter of theft/larceny, as you bought the place "as is" and it is not that way. You need a property lawyer. I work with a bunch of very very good ones but in the wrong state. They would sort this kind of crap out in 2 secs - it is not hard to write a letter saying "I am a lawyer with a very big bat and you have stolen my client's property, and not only are we going to sell your assets to get the money to replace it, we are also going to have you charged with larceny and then you may go to jail or find it difficult to get a job for the rest of your life". You need to get serious to change the priorities in their head, and you need to do something now because the longer you hang around, the worse it's going to be. Has your lawyer said that if you win a larceny matter they will have to pay your legal fees as well? Perhaps look for a good property lawyer who is prepared to wait for their fees or can advise he will get them back when you win. They may offer 20 min free first interview anyway. I would go for a good one, ring up and explain the situation and your financial situation, and see what they say. Don't muck around with it. See a couple if that's what it takes to find one you trust and sounds professional.

JJ

travers
16-12-06, 01:29 AM
I think JJ's right Simigirl; What you're being offered is not a good solution.
If the old owners allow you to retrieve the windmill then surely that's an admission that they've stolen it which leaves them open to be either charged criminally or, at least, sued.
If they insist that it is their windmill, how will be you able to have it retrieved from a private property without leaving yourselves open to litigation; ie: if they think it's theirs then they can say that YOU are stealing it!
It sounds like no one (the re agent, the solicitor or the police) wants to be responsible. Will it become a criminal manner if this guy starts waving a shotgun at the poor buggers trying to do a quote?
I hope you get some help from legal aid!