Commercial Lawyer – dispute – Tasmania

Commercial Lawyer – dispute – Tasmania

Commercial Lawyer – dispute – Tasmania

Upwork

Upwork

Remoto

6 hours ago

No application

About

I am seeking urgent advice and potential representation in relation to serious compliance and misrepresentation issues that have arisen following my recent acquisition of a tourism accommodation business and the underlying freehold property in Tasmania. Below is a concise summary of the matter for your preliminary review. 1. Overview of Transaction I purchased: A glamping/accommodation business as a going concern, and The freehold property on which the business operates. The two transactions were legally interdependent and settled contemporaneously. The combined purchase price exceeded $1.9M. The business was sold on the basis that it was lawfully operating and fully compliant. 2. Pre-Purchase Due Diligence & Representations Prior to settlement, I relied on: A formal solicitor’s due diligence report stating: There were no adverse findings against the business or property. The property had all necessary planning, building and plumbing approvals for its current use. A temporary occupancy permit was in place for visitor accommodation and was capable of renewal. Vendor warranties that: All material facts had been disclosed. All information provided was accurate. There were no outstanding approvals or occupancy permits required. Based on this, I proceeded to settlement. 3. Post-Settlement Discovery of Serious Non-Compliance After settlement, the private building surveyor engaged by the vendor advised in writing that: Certain glamping structures are located on constructed platforms that were never issued notifiable building work permits. The planning approval does not clearly authorise the current built form (platform-based cocoon structures). Existing site plans are inaccurate and do not reflect current conditions. As a result, the building surveyor cannot renew the temporary occupancy permit using the previous approval framework. It was further confirmed that: The platforms should not have been constructed without permits. These issues were not resolved prior to my purchase. 4. Vendor’s Prior Knowledge Correspondence now confirms the vendor: Was aware as early as April 2024 (well before the sale) that: Custom platforms required notifiable building approvals. Chose an alternative structural solution (prefabricated units) without obtaining formal written confirmation that no approvals were required. Did not disclose this unresolved compliance risk prior to settlement. 5. Current Exposure & Loss I am now exposed to: Risk of regulatory enforcement or shutdown Inability to lawfully renew occupancy permits Significant rectification and certification costs Business interruption and loss of income Increased insurance and liability risk 6. Legal Issues for Advice I am seeking urgent advice on: Misrepresentation and misleading & deceptive conduct Breach of vendor warranties and disclosure obligations Recovery of: Rectification and compliance costs Business interruption and income loss Full indemnity legal costs Whether any rescission or set-aside remedies remain available Immediate steps to protect my regulatory position with council 7. Status I have not yet been formally shut down, but occupancy renewal cannot proceed in its current form. I am actively engaging consultants to work toward compliance, but I require urgent legal protection and recovery strategy. If this matter falls within your practice area, I would appreciate the opportunity for an urgent consultation. I can immediately provide: Contracts of sale Due diligence reports Building surveyor correspondence Regulatory documentation Thank you for your time and I look forward to your response.