› Forums › Living in strata › Living in Victoria strata › Accidentally bought a house on top of a unit block › Current Page
So do you own this, or have you only put a deposit on at this stage? If you want to get out of the contract, can your solicitor help you on the basis that the true nature of the property was not properly disclosed? I’m wondering if Council is aware that this structure was built in that airspace. If the structure required Council approval and doesn’t have it, I’d have thought that might be grounds for getting out of your contract and getting your deposit back. Also, the penthouse has been built on top of a strata building, is that right? That would have changed the original roof, which is common property. So where is the by-law giving approval for that? If your solicitor is not skilled enough for this fight, I suggest you engage someone with more experience. There is a notion of “buyer beware” but there is also a responsibility on the vendor not to hide important information.
