We have a potential sticky situation....
| # | Post |
|---|---|
| 1 | Okay so we have an unconditional s&p agreement signed by both parties, however no deposit was paid on the due date! there has been little to no communication with the buyers lawyer ( their family is financing them in) and our conveyancer. Settlement day is this Friday but due to no money being paid we have not even begun to pack.Where do we stand if by some miracle it all gets paid on Friday? shane038 - 2020-12-15 11:01:00 |
| 2 | shane038 wrote:
Anywhere except in the property you have sold. You promised vacant possession and will be in breach of contract if you do not provide it. In saying that, you must communicate with your lawyer now. Was a deposit notice sent to the purchaser? johnston - 2020-12-15 11:10:00 |
| 3 | Yes the deposit notice was sent, everything has been ignored.... shane038 - 2020-12-15 11:25:00 |
| 4 | Awful situation for you but as Johnston has already explained, you must talk to your lawyer NOW... I have been in a similar situation, it is extremely stressful but also imperative that you do exactly as your lawyer tells you. Good luck op. lovelurking - 2020-12-15 11:30:00 |
| 5 | shane038 wrote:
The contract may have been cancelled. Please contact your lawyer right now. If the purchaser does not settle (assuming the contract has not been cancelled) then you have rights against the defaulting purchaser. Out of curiosity please keep us posted. I wish you well. johnston - 2020-12-15 11:56:00 |
| 6 | Thank you folks shane038 - 2020-12-15 12:08:00 |
| 7 | You could in a sticky situation, just move everything onto the footpath and move it somewhere else after that. tygertung - 2020-12-15 12:42:00 |
| 8 | if no deposit has been received on the due date and now you are doubting that the whole transaction will happen... then you need to be on the phone to your lawyer straight away, if not sooner, to get it sorted !! onl_148 - 2020-12-15 13:00:00 |
| 9 | shane038 wrote: have you been in an signed the transfer documentation( Client authority and tax statements) and seen a copy of the settlement statement, mortgage been discharged, heard from your bank? gabbysnana - 2020-12-15 14:47:00 |
| 10 | I would have thought your agent would have been on the case.... superdave0_13 - 2020-12-15 22:44:00 |
| 11 | superdave0_13 wrote:
Nothing to do with the agent. johnston - 2020-12-15 22:50:00 |
| 12 | Really? I wonder how they were expecting to get paid then. superdave0_13 - 2020-12-15 23:03:00 |
| 13 | superdave0_13 wrote: masturbidder - 2020-12-15 23:14:00 |
| 14 | superdave0_13 wrote: they achieved a sale. Not the agents fault if the parties fail to hand over the goods. sparkychap - 2020-12-16 06:03:00 |
| 15 | superdave0_13 wrote:
Same as always, from the vendor. In any event, how do you know that the agent has not tried to obtain the deposit? Other than making repeated requests what else do you think the agent should do? johnston - 2020-12-16 06:21:00 |
| 16 | sparkychap wrote:
Yes, and due to the deposit not being paid the salesperson isn't going to see their share this side of Christmas. superdave0_13 - 2020-12-16 07:15:00 |
| 17 | johnston wrote:
You have assumed a lot there with the main thing being there was an agent involved at all. superdave0_13 - 2020-12-16 07:20:00 |
| 18 | superdave0_13 wrote:
You claimed there was an agent back at #10. What else have I supposedly assumed? Please list all the assumptions. johnston - 2020-12-16 07:45:00 |
| 19 | superdave0_13 wrote:
How do you know the agent will claim their commission or are you having a wild guess? Edited by johnston at 7:48 am, Wed 16 Dec johnston - 2020-12-16 07:45:00 |
| 20 | superdave0_13 wrote: Non payment of the deposit doesn't automatically nullify the agreement, only gives rise to an option for the vendor to cancel. Which they haven't. But the agent still has every right and may claim commission from the Vendor. And they may not, realising that if they do, they don't get any chance of marketing the property again if this deal falls through. sparkychap - 2020-12-16 08:07:00 |
| 21 | superdave0_13 wrote:
If they were selling my property they wouldn’t be getting their commission until the sale is completed. lovelurking - 2020-12-16 08:32:00 |
| 22 | johnston wrote:
LMFAO smallwoods - 2020-12-16 08:36:00 |
| 23 | johnston wrote:
If non-payment of the deposit doesn't cancel the contract, your lawyer could now ask their lawyer if the sale is likely to procced. No guarantee that it will but might ease your mind. amasser - 2020-12-16 09:30:00 |
| 24 | If they're not intending to settle your lawyer is likely to be able to negotiate that you don't move out, but without prejudice to your right to sue the buyer. Are you buying and dependent on the sale proceeds? nic48 - 2020-12-16 12:20:00 |
| 25 | Any updates? johnston - 2020-12-16 12:34:00 |
| 26 | johnston wrote: superdave0_13 - 2020-12-16 15:08:00 |
| 27 | Hi shane 038, I’m hoping you are too busy packing to update us but want to let you know I have my fingers crossed and am thinking of you... lovelurking - 2020-12-17 08:37:00 |
| 28 | superdave0_13 wrote:
Not well written then! smallwoods - 2020-12-17 09:21:00 |
| 29 | superdave0_13 wrote:
I would have thought your agent would have been on the case.... Your statement clearly implies the op had an agent. It's not you Trevor Mallard is it? Edited by johnston at 9:33 am, Thu 17 Dec johnston - 2020-12-17 09:31:00 |
| 30 | johnston wrote:
When you read it the way you did it does. When you read it the way I wrote it it doesn't..... Cheers Trev superdave0_13 - 2020-12-17 11:48:00 |
| 31 | Pre settlement inspection should have taken place yesterday.... I hope the O.P has taken steps to crash the deal as opposed to moving out and hoping for the best. superdave0_13 - 2020-12-17 11:54:00 |
| 32 | Friday tomorrow shane gabbysnana - 2020-12-17 19:07:00 |
| 33 | gabbysnana wrote:
So if the buyer doesn’t show, will he still have 12 (?) working days before the pin gets pulled on that contract? lovelurking - 2020-12-17 20:00:00 |
| 34 | Things have gone all quiet - wot happened or didn't happen? Would appreciate some sort of update for future reference. Capricorngirl mlarkin - 2020-12-21 19:21:00 |
| 35 | Too busy shifting . ginks - 2020-12-21 19:33:00 |
| 36 | ginks wrote:
Possibly not, OP has been online today. desi1969 - 2020-12-21 19:39:00 |
| 37 | so what happened?? trudyg1 - 2021-01-04 23:31:00 |
| 38 | Another hit and run. sw20 - 2021-01-05 09:42:00 |
| 39 | desi1969 wrote: upfront1 - 2021-01-20 14:54:00 |
| 40 | upfront1 wrote: doesn’t everyone? sparkychap - 2021-01-20 14:56:00 |
| 41 | ???? Bring back Shane, ????bring back Shane, ????bring back Shane, ????bring back Shane, ????bring back Shane, ????bring back Shane, ????bring back Shane, ????bring back Shane, ????bring back Shane... lovelurking - 2021-01-20 16:23:00 |
| 42 | lovelurking wrote:
And while you're at it Buck's still waiting! shanreagh - 2021-01-20 17:32:00 |
| 43 | Wot 'appened? johnston - 2021-01-25 20:06:00 |
| 44 | johnston wrote: Who knows? That's the point. sparkychap - 2021-01-25 20:13:00 |
| 45 | Well ... johnston - 2021-02-04 09:08:00 |
| 46 | Did everything work out okay? pottster - 2021-02-16 23:23:00 |
| 47 | Post and ruuuuuuuuuuuuuun. shanreagh - 2021-02-17 07:46:00 |
| 48 | shane038 wrote:
You’re welcome, but don’t leave us hanging! How did it all go?? thumbs647 - 2021-02-17 15:06:00 |
| 49 | shane038 wrote:
sounds like you need another lawyer.. (assuming you had one ?) thornton1961 - 2021-02-18 20:00:00 |
