Lives on hold

Lives on hold

Happier times, Margie and Chris Lower at Paronella Park

Peter McCullagh

IN late 2019, life started to look a little more promising for Mission Beach couple, Margie and Chris Lower.

Margie was already under treatment for stage four bowel cancer, and the opportunity to sell their Mission Beach fisherman’s cottage to Mayfair 101 and relocate closer to family in Brisbane became their future.

Plans soon changed, and now both Margie and Chris face a very uncertain future and their lives are totally on hold, with plans at the mercy of an investment company, and no real idea what tomorrow or next week has instore for them.

In September 2019 both Margie and Chris agreed to sell their property to Mayfair 101, with settlement planned for mid-March.

It all looked and sounded idyllic, it had been a tough 12 months with 2 major operations, chemo hospitalization with complications, and the chance to sell and move south closer to family and receive much needed medical treatment, was our new future commented Margie Lower.

Plans quickly progressed for the couple, decluttering their cottage, a few garage sales, combined with gifting some processions to friends, all designed to make the packing easier to reduce the cost of the relocation.

“We both love Mission Beach, we chose to retire here, but we both felt it was necessary to move, the cancer treatment also was the reason for the decision to sell.

‘We packed what we did not sell, shipped it off to the Sunshine Coast and started with the exit clean, all in readiness for settlement.

“Late on the day before settlement was due we were contacted by our conveyancer and advised that Mayfair were exercising their ‘force majeure’ clause as they were unable to meet their obligation.

“We sought additional information and clarification, but really at the moment we are no wiser, and no idea when or even if the sale will proceed.

“Our lives are totally on hold and it’s not what we need at this time.

“We are also very mindful that we are not the only ones facing a very uncertain future. There are plenty of others here in Mission Beach with settlements pending indefinitely. Chris and I have been supported by so many wonderful people here, without their support and kindness, I don’t know how we would have gotten on.”

The couple needed to sell their property to move closer to treatment and family as well as pay for the immunotherapy course of treatment that Margie now requires.

Mayfair embarked on a massive real estate buying spree throughout Mission Beach, signing contracts on over 230 homes, businesses and vacant land. The spree buoyed the local market and created a high level of optimism as well as a great deal of skepticism from some locals.

Since signing these real estate contracts the Mayfair group of companies has also signed for the management rights to Dunk Island Spit as well as the purchase of the freehold to Dunk Island.

Cracks started to appear earlier this year, when settlement on contracts were delayed repeatedly, along with legal action against some Mayfair companies by the ASIC, and more recently the announcement that 12 companies under the Mayfair umbrella were placed in receivership.

In recent months the Lowers’ real estate agent have sent several letters directly to Mayfair 101s founder, James Mawhinney pleading for a settlement on compassionate grounds. Mayfair responded on May 6 saying the situation was “at the forefront of our minds” and Mawhinney was personally aware of the plight of the Lowers’, however to this date nothing further has happened to give certainty as to when settlement can occur, or even if it will.

Force majeure is a clause within contracts that protects the purchaser from external market events beyond their control. However the indefinite delay to the settlement robs the couple of one of the few precious things remaining for both of them.

“When I had my diagnosis and operations we decided we needed to sell whist I was well enough to cope with and organise the move. The sale was to free up the money we required for our future together. We needed funds for the pending immunotherapy treatment.”

There’s not much more the couple can do. They are currently living in their property, albeit rather bare of furnishings and touches. They have a contract for the sale of their property that could perhaps never be honored and a medical condition that requires ongoing treatment.

We would prefer to face the future with our family, we need to settle and move closer. Time is important to us and our families; surely Mayfair can respect that and move to settle the sale of our property.”