I bought an apartment in auckland in 2012 and after taking over the apartment, the bodycorp started billing me legal

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Customer: Hi I bought an apartment in auckland in 2012 and after taking over the apartment, the bodycorp started billing me legal fees for a civil law suit that the owners of the apartment were claiming for some building defects with the builders and auckland council. Then sometime in*****awarded the claims to the owners and I was then told that I was not part of the claimant as my claims were not assigned to me by the previous owner of my unit. Now I am left to fought out the entire share of repair bills for the building myself as I did not receive any payout. At no time during the purchase that I was inform by either the real estate agent or the convenyancing lawyer about any ongoing lawsuits of the building defects. Now i have to pay some NZ400k for the repair whereas the rest of the claimants need only to pay between 100k to 200k after lessing their payout. Do I have any case to pursue the bodycorp, the real estate agent or the convancying lawyer ?
JA: The Lawyer can help you determine if you have a case. Where are you located? These laws vary by state.
Customer: My property is located in Auckland but I am based in Singapore
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Auckland City\
Answered by Chris The Lawyer in 3 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer
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10+ years of experience
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Chris The Lawyer
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41668 Satisfied customers

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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

Customer
ok thank you.
Customer
not yet
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Chris The Lawyer, Expert

Have you asked the conveyancing lawyer why you were not part of the scheme and assigned the rights of the previous owner. I am a little surprised you are not part of the settlement if you were being charged for the legal fees.

Customer
are we talking to a real lawyer or AI ?
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Chris The Lawyer, Expert

You may have rights against the lawyer if he should have ensured the claim was assigned to you, and possibly the body corporate if they charged you for legal fees. And I am a real lawyer

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Chris The Lawyer, Expert

These problems can be complex and I can only give you general advice-I would suggest you consult with an experienced lawyer to get full advice after seeing all the papers.

Customer
After the claim was paid out to the rest of the owners, the bodycorp refund me my payments of all the legal fees. Do I still have a case and would anyone like to represent me and pursue the case ?
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Chris The Lawyer, Expert

That may take them out of the picture to be sued. But you should get an explanation from the lawyer why the claim was not assigned when you bought the property

Customer
There were not pre-sales disclosure , and i also did not endorsed on any pre-settlement disclosure document.
Customer
I would like to engage a lawyer to help me out but I am looking for a genuine and honest lawyer and I will pay the bills.
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Chris The Lawyer, Expert

Do you mean you did not get any body corporate disclosure when you bought the property?

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Chris The Lawyer, Expert

I can suggest some lawyers in Auckland

Customer
I did not. Recently I ask the bodycorp to produce me the disclosure and they produce a document without and endorsement.
Customer
without any endorsement
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Chris The Lawyer, Expert

There should have been some disclosure about the leaky building claims

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Chris The Lawyer, Expert

Your lawyer should have obtained that so he may be the person you need to ask about this first.

Customer
if the lawyer did obtain, they certainly did not give it to me because i was never aware.
Customer
It would be helpful if you can refer me a good and honest lawyer.
Customer
You are a lawyer, why don't you pick up this case ?
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Chris The Lawyer, Expert

Would that have made a difference when you bought the property? Would you have bought it knowing there were problems? I would suggest someone like Howard Thompson, who I know personally and would recommend

https://www.mbtlawyers.co.nz/

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Chris The Lawyer, Expert

I could take the brief-I practice as a barrister

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Chris The Lawyer, Expert

www.lahatte.lawyer

Customer
would not have bought the property if I know of the defects.
Customer
does the Real estate agent has a duty of disclosure? She did not mention anything either.
Customer
Are you able to represent or do i reach out to Howard Thompson at MBTlawyers?
Customer
Can you provide Howard Thompson's contact and email?
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Chris The Lawyer, Expert

That adds to the negligence. Someone did not check the purchase correctly-the lawyer or the land agent or both, as they both owe duties of care. I could take the case-may I check who you are suing (the lawyer) so I dont have a conflict of interest

Customer
Give me a min, let me get the documents out on the name.
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Chris The Lawyer, Expert

And Howard is at***@******.***

Customer
rennie cox is the law firm
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Chris The Lawyer, Expert

They have a solid reputation-but may have made a mistake with your purchase

Customer
I bought this apartment in 2012. Only recently was made aware I was not added to the claim.
Customer
It is strange as the regulation to include disclosure kicks in before 2012 but there was nothing in the sales and purchase agreement and only because of this matter recently did i know that there is a need for disclosure in NZ.
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Chris The Lawyer, Expert

A concern would be what records your former lawyers have kept. So the first step would be to see what they have still

Customer
Do i still have a case? How will your fees be like and how much will you estimate the total legal fees to incur?
Customer
I did write to them and call and spoke to them to ask them on the records, they did not reply my emails.
Customer
Figured will have to get a lawyer confident in the case to represent me to write to them.
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Chris The Lawyer, Expert

You would likely be suing for your losses which would be the difference between what it costs to repair taking into account the payment received by the other unit owners. That appears to be around $300,000 very roughly. They will hold professional indemnity insurance for this and if the case is clear the insurer would pay out rather than defend

Customer
Are you able to represent in court if needed as NZ has difference between Solicitor and Barister?
Customer
How do I engage you formally to take on this case?
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Chris The Lawyer, Expert

If you look at my web site you will see the contact form. Email me and I will send a contract of retainer and an estimate of fees

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Chris The Lawyer, Expert

I do appear in court regularly

Customer
I can't see your website, can you give me your email and contact and will formally fill in the contact form
Customer
The property I bought is Century*****and the real estate firm is Baileys
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Chris The Lawyer, Expert

Website is www.lahatte.lawyer
Customer
I will go onto the website now and fill in the contact form. Thank you so much for your time.
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Chris The Lawyer, Expert

Glad to help

Customer
Do you need any information from me for now while I get onto your website.
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Chris The Lawyer, Expert

No, lets finish this offline

Customer
ok thanks
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Chris The Lawyer, Expert

I look forward to helping you

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