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Property Contractual Disputes

Legally reviewed by:
Wyn Legal team

Contracts are frequently found throughout property related transactions, for example:

  1. Landlords and tenants.
  2. Seller and buyers.
  3. Off plan developers and purchasers.
  4. Partners in a development project.
  5. Lenders and borrowers.

Contracts set out the obligations for the various parties to the contracts. Where these obligations are not performed or performed correctly, this could lead to a contractual dispute.

Contracts vary considerably in scope and complexity which could include verbal agreements through to long, written agreements. When reviewing property related contractual disputes, it is important to identify:

  1. The terms of the contract.
  2. The meaning of the terms and how they may be interpreted.
  3. The disagreement about what was intended.
  4. Whether there has in fact been a breach of contract.
  5. What the losses are which follow the breach of contract.
  6. What steps are being taken to mitigate against any such losses. 
  7. How remote the losses being claimed are.

We can assist with resolving property contractual disputes. The types of contractual disputes we can assist with include:

  1. Loan agreements.
  2. Development agreements.
  3. Joint venture agreements.
  4. Sale agreements including misrepresentation claims.
  5. Restrictive covenants disputes.

We can assist you in:

  1. Reviewing your contracts and advising on the meaning of disputes clauses. 
  2. Advising on the merits of any potential claim.
  3. Assisting with alternative dispute resolution such as mediation.
  4. Drafting formal letters including letters before action and letters of responses.
  5. Commencing formal court action and representing you in court.
  6. Defending court proceedings.