# Dispute with management co. - able to sell and continue dispute?



## CrazyOne (4 Jul 2011)

Hi,
We have had water leaking into the apartment for a long time - management wouldn't fix the problem despite several solicitors letters - have fixed it ourselves and are now waiting for writ to be served on management company - question is - we want to sell now - do we have to wait for this to be settled before we can sell?  Because if we sell we no longer have contract with management company


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## Threadser (4 Jul 2011)

Don't forget that you are serving the writ on yourself as a member of the management company. You will have to settle any managment fees owing before the sale of the apartment can go through. I would say that you will have to settle the dispute before you can put the apartment up for sale.


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## zenga (19 Jul 2011)

Id advise you to be extremely careful about how you proceed. 

Firstly what reply did you get from the management company?? A lot of people are under the impression that if anything happens in their apartment that it is the responsibility of the management company. This is simply not the case. Taking a company to court in the wrong will only serve to add further costs to you. If the management company was any way worried about the writ they would have acted when they recieved your solicitors letter so sounds like they have a good defence.

Secondly, did you withold management fee's?? If so you should be aware that you cannot withold management fees for any reason. This will further damage your case.

Thirdly you will need to settle your management fees before selling the property. It wont be possible without settling as the debt passes from one owner to another so no perspective owner will be willing to take on the debt

Secondly


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