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scoobydoo
Joined: 10/11/2008 Posts: 2434
Message Posted: 23/07/2010 14:46 | Join or Login to Reply | Message 1 of 10 in Discussion |
| Does anyone know, that once granted, does PTP have an expiry time limit or does it just sit and wait in the government offices until we start the process rolling for getting our title deeds? |
Molly
Joined: 30/08/2008 Posts: 299
Message Posted: 23/07/2010 14:53 | Join or Login to Reply | Message 2 of 10 in Discussion |
| There is no time limit providing you eventually get it. However, I believe there is if you had to resort to suing your Vendor - I thinks it's 5 years from when your PTP was granted. |
keithcaley
Joined: 13/06/2008 Posts: 2521
Message Posted: 23/07/2010 15:31 | Join or Login to Reply | Message 3 of 10 in Discussion |
| Molly, Does the 'Specific Performance Law' come into this at all? I thought that it did, but can't remember now... |
keithcaley
Joined: 13/06/2008 Posts: 2521
Message Posted: 23/07/2010 15:37 | Join or Login to Reply | Message 4 of 10 in Discussion |
| Actually, I just spotted Ismet's piece on the 'SPL' on another thread, but I'm none the wiser! |
honestie
Joined: 22/02/2009 Posts: 468
Message Posted: 23/07/2010 15:45 | Join or Login to Reply | Message 5 of 10 in Discussion |
| having read SPL I could nt see any mention of PTP it just seemed to mention certain things in relation to the contract being registered etc etc. but just a question why would it matter just playing devils advocate. |
keithcaley
Joined: 13/06/2008 Posts: 2521
Message Posted: 23/07/2010 15:54 | Join or Login to Reply | Message 6 of 10 in Discussion |
| Hi Jacqie, I had a feeling that the SPL limited your right to sue the builder for a 'breech of contract' - for failing to perform a task, such as failing to parcelise the land, and transfer deeds as specified in the contract. The limitation being time - something like one month from the date that the contract was signed. This would be patently ridiculous, given that people wait YEARS for PTP. (Fine for TC's, of course). I believe that Ismet once argued that as the builder would be unable to transfer deeds until PTP was granted, the 'clock' should start running from that moment, but the head of BARO disagreed. I don't know if this was ever tested in court... And I MAY just be totally confused! |
Molly
Joined: 30/08/2008 Posts: 299
Message Posted: 23/07/2010 15:56 | Join or Login to Reply | Message 7 of 10 in Discussion |
| The SP law is of no use to foreign purchasers because of the length of time to obtain PTP |
honestie
Joined: 22/02/2009 Posts: 468
Message Posted: 23/07/2010 15:59 | Join or Login to Reply | Message 8 of 10 in Discussion |
| Yep I agree confusing as read about the time limits which would be impossible to adhere to but at the moment am in legal proceedinds and nthink this is being tested so will keep you informed Noone can possibily start proceedings within the time limits mentioned! By the way Keith do you know iIm Jackie Johns friend |
keithcaley
Joined: 13/06/2008 Posts: 2521
Message Posted: 23/07/2010 18:22 | Join or Login to Reply | Message 9 of 10 in Discussion |
| Yus, I sussed that one out Hossifer! |
honestie
Joined: 22/02/2009 Posts: 468
Message Posted: 23/07/2010 18:33 | Join or Login to Reply | Message 10 of 10 in Discussion |
| Keith its not true what they say then you are clever. !!! im going through the procedure at the moment and talk about confusing. Think my solicitor must be sick of me but its the only way to get things done as Im sure you know. let me know if you find anything further.. jackie |
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