Cancelling Contract - Cooling Off Period

Discussion in 'Legal Issues' started by Sachi, 12th Jan, 2016.

Join Australia's most dynamic and respected property investment community
  1. Sachi

    Sachi Member

    Joined:
    4th Jan, 2016
    Posts:
    22
    Location:
    Brisbane
    Hi All,

    Could you please advise whether following letter would be okay to cancel the contract within the cooling off period ? I have already spent money on soil testing and other formalities and cannot afford to get a solicitor for exercising cooling off rights.

    Thanks a ton

    //-------------------------------------------------------------------------------------------------------------------------------
    Date


    Your Name & address


    Name & Address of Timeshare company


    Dear _____________


    Re: Agreement between____________ and ______________, dated __________________.


    I refer to the above contract and hereby exercise my cooling off right and withdraw from my agreement with ________________ for the purchase of _________________ together with any related finance agreement entered for the purchase of such Timeshares.


    Accordingly, I request that you immediately return all monies paid by me to date, failing which a complaint will be lodged with the Financial Ombudsman Service or Credit Ombudsman Service.


    Your cheque should be made payable to the writer and sent to the address below:


    [insert address]


    Yours faithfully

    cc: [Name & address of finance provider]
    //----------------------------------------------------------------------------------------
     
  2. D.T.

    D.T. Specialist Property Manager Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    9,190
    Location:
    Adelaide and Gold Coast
    That sounds fine. I'd email + fax + reg post it to ensure they received it.
     
  3. Sachi

    Sachi Member

    Joined:
    4th Jan, 2016
    Posts:
    22
    Location:
    Brisbane
    Thanks a lot D.T. Your advise previously allowed me to come to decision. Much grateful.
     
  4. Gockie

    Gockie Life is good ☺️ Premium Member

    Joined:
    18th Jun, 2015
    Posts:
    14,786
    Location:
    Sydney
    Quick question... Is it a timeshare? If not, alter the letter.
     
    Sachi likes this.
  5. Sachi

    Sachi Member

    Joined:
    4th Jan, 2016
    Posts:
    22
    Location:
    Brisbane
    Thanks Champ, overlooked it.
     
  6. Propertunity

    Propertunity Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    3,476
    Location:
    NSW
    Which parties are you planning on sending it to?
    Vendors?
    Vendor's solicitors?
    REA?
    All of the above?.....more?
     
  7. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,983
    Location:
    Australia wide
    What if your letter is not in the required form? What is it is in the right form but not delivered to the correct party?

    Surely you would have had a solicitor before you signed the contract? I would use them to terminate as there could be issues and then you would be locked into purchasing a property you don't want.
     
  8. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

    Joined:
    18th Jun, 2015
    Posts:
    2,025
    Location:
    Brisbane
    Is it in QLD? Who did you use for conveyancing? It shouldn't cost you much if anything to terminate (with me it would have been ~$156, $110 of which would be credited to your next purchase). What if your solicitor can terminate without cooling off and therefore save you the 0.25% fee? Often not getting advice will cost you more.
     
    Paul@PAS and Terry_w like this.
  9. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

    Joined:
    18th Jun, 2015
    Posts:
    2,025
    Location:
    Brisbane
    On second thoughts, you can get out of so many of the contracts in QLD. If it is in QLD I will terminate it for you, and if I can't terminate without you having to pay the 0.25% termination policy I will do it for free.
     
  10. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

    Joined:
    18th Jun, 2015
    Posts:
    2,025
    Location:
    Brisbane
    By way of update. Contract terminated under a different condition, no termination penalty payable.
     
    Susan, Chillingout, EN710 and 3 others like this.