10 Day Cooling Off V Subject to Finance

Discussion in 'Legal Issues' started by Shamrock1, 25th Jan, 2021.

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  1. Shamrock1

    Shamrock1 Well-Known Member

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    Location:
    Newcastle
    My offer has been accepted with my conditions being 10 Subject to Finance, pest and building inspection.

    Instead of my conditions above a 10 day cooling off period has been added to the 1st draft of sale contract instead (probably lack of attention to detail by agent).

    * What is the difference?
    * Is it worth pushing back to add my conditions?
    * I know I can request an extension from the vendor if my finance isn’t approved in time. Can I request an extension to the cooling off period.
    * Also, an exclusion has been noted in the contract for a line tree in the backyard. What does this mean?
     
  2. Trainee

    Trainee Well-Known Member

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    Doesnt sound like your offer has been accepted. Its a counteroffer.

    Is this nsw?
    What is ‘10’ in your subject to inspection and finance clause? 10 days?

    are you still paying the nonrefundable 0.25%? (If nsw)
     
  3. Shamrock1

    Shamrock1 Well-Known Member

    Joined:
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    Location:
    Newcastle
    In NSW. Offer has been accepted but I’m pretty sure there has just been a breakdown in communication between the agent and their offsider who sent me the contract.

    I proposed Subject to Finance clause of 10 business days and also subject to pest/building which was all accepted by the agent
     
  4. Trainee

    Trainee Well-Known Member

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    Ask your solicitor to confirm that contract has been exchanged with your conditions in it.
     
  5. twobobsworth

    twobobsworth Well-Known Member

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    "Subject to" conditions are certainly not the norm in NSW and a vendor would have to be pretty desperate to agree to them in this current boom.
     
  6. Buynow

    Buynow Well-Known Member

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    In NSW it’s normal to have a cooling off period rather than “subject to” clauses. Normally 5 days so 10 days is good for you. Usually if you don’t have everything sorted out in the ten days you either lose the 0.25% or negotiate more time.