Misc

Property deal judged unfair

A High Court judge has ruled that a Richmond couple took advantage of an elderly neighbour to try to buy her property in a "substantially unequal bargain".

Wednesday, June 23rd 2004

Justice Ronald Young ordered that the written contract for the purchase be amended, despite being signed by both parties, because that was not what was agreed to verbally.

His ruling follows a two-day court hearing in Nelson last month on the dispute that arose over the deal.

The deal related to a Lower Queen St property owned by an estate, of which sisters Madge Johnston, 81, and Thelma Levy, 78, were the trustees. Ms Johnston lived on the property.

In early 2002 they had discussions with neighbours Maxwell Clark and Shona McBride, and subsequently signed a written contract drawn up by the couple to sell the 9.6ha property for $300,000. However, Justice Young said it was clear the sisters only ever intended to sell part of the property and retain the house and 1300sq m of land so Ms Johnston could continue to live there.

He said Mr Clark and Ms McBride had agreed to that verbally, but the written contract they presented to the sisters was misdrafted and related to all of the property.

Read More - Opens in a new window
Heartland Bank - Online 6.69
SBS FirstHome Combo 6.74
Wairarapa Building Society 6.95
Unity 6.99
Co-operative Bank - First Home Special 7.04
ICBC 7.05
China Construction Bank 7.09
BNZ - Classic 7.24
ASB Bank 7.24
ANZ Special 7.24
TSB Special 7.24
Unity First Home Buyer special 6.45
Heartland Bank - Online 6.45
China Construction Bank 6.75
TSB Special 6.75
ICBC 6.75
ANZ Special 6.79
ASB Bank 6.79
AIA - Go Home Loans 6.79
Kiwibank Special 6.79
BNZ - Classic 6.79
Unity 6.79
Westpac Special 6.39
China Construction Bank 6.40
ICBC 6.49
SBS Bank Special 6.55
Kiwibank Special 6.55
BNZ - Classic 6.55
Co-operative Bank - Owner Occ 6.55
ASB Bank 6.55
AIA - Go Home Loans 6.55
TSB Special 6.59
Kainga Ora 6.99
SBS FirstHome Combo 6.19
AIA - Back My Build 6.19
ANZ Blueprint to Build 7.39
Credit Union Auckland 7.70
ICBC 7.85
Heartland Bank - Online 7.99
Pepper Money Essential 8.29
Co-operative Bank - Owner Occ 8.40
Co-operative Bank - Standard 8.40
First Credit Union Standard 8.50
Kiwibank 8.50

More Stories

Support for regulation

Monday, March 18th 2024

Support for regulation

REINZ has emphasised the need for property management regulation to Parliament’s Social Services and Community Committee.

A better investment market

Thursday, March 14th 2024

A better investment market

“Reinstatement of interest deductibility starting from the new tax year on 1 April brings property investors back in line with every other business in the country, where interest costs are a legitimate deductible expense," Tim Horsbrugh, New Zealand Property Investors Federation (NZPIF) executive committee member says.

[OPINION] Recessionary times

Thursday, March 14th 2024

[OPINION] Recessionary times

It is not the best out there for many businesses and property sector people. Sales are down across the board, our clients’ confidence is falling, and there is a lot of uncertainty.

Interest rate expectations: It’s not over yet

Thursday, March 07th 2024

Interest rate expectations: It’s not over yet

Most Kiwis think interest rate increases have peaked.