While providing pre-purchase legal advice to a client during their cooling off period this morning we noted that the settlement period was nearly 12 months.
The client was not aware that their finance approval would not last for such a long period of time, and that they may find that they are locked into a contract they can't fulfill if circumstances change and they can't access finance.
To make matters worse, the real estate agent had drafted the contract with a 20% deposit requirement, and a special condition stating that the deposit must be released early. All kinds of legal arguments will come into this one!
Needless to say, our advice will be to cool off, and renegotiate the purchase!
Visit our website at www.LawyersConveyancing.com.au.
The "Conveyancing in Melbourne Victoria" blog is, as the name implies, about conveyancers in Melbourne and regional Victoria and the conveyancing industry in which they operate. Our posts will include information on real estate questions, conveyancing procedure, the laws concerning conveyancers and the conveyancing industry (and conveyancing lawyers) and how these affect real estate consumers. For more information about conveyancing matters, visit our web page at LawyersConveyancing.com.au
Wednesday, July 6, 2011
Finance Approval Expiry
Labels:
contract,
cool off,
cooling off,
deposit,
finance,
finance approval,
legal advice,
pre-purchase advice
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