Contract of sale first page advice

Im ready as purchaser to sign the first page contract of sale but I've noticed there isn't a section to include my details as a purchaser or anywhere for me to confirm im signing with 10 days cooling off.

My conveyancer said the sales advice would confirm 10 days cooling off. The real estate agent said he didn't put it in there. My conveyancer is now contacting their conveyancer to confirm it.

I have in multiple emails that im only proceeding with 10 days cooling off so should I be okay to sign the first page and let the conveyancer hold onto my signed page and wait until other conveyancer confirms it?

Im just paranoid to sign the first page without it mentioning 10 days anywhere.

Thanks

 

Your conveyancer should tell you this, so this is not advice, just an observation of NSW contracts.

The front page should have a big box halfway down that says purchaser, purchaser's solicitor, price, deposit, balance and contract date, and all the inclusions? How can a contract not have purchaser details?

Isn't the cooling off five days thing on page 5 under Cooling Off period (purchaser's rights)?

 

Don’t depend on anything apart from what’s in the contract. The Cooling off should be in the contract.

 

Thanks just saw the purchaser bit... it was in a different spot than another contract I had looked at so my brain went blank.

My main worry is about there being nothing 10 days cooling off in the first page. I really want to make sure I'm protected and have evidence that its 10 days.

 

Thank you

 

Get advice from your conveyancer.

Look at page 5 of the contract (not necessarily page 5 of the document). What does it say about the cooling off period? What does your conveyancer say it should say?

 

Contract says 5 days. I have multiple emails mentioning 10 days cooling off.

My conveyancer has said the sales advice mentioning 10 days cooling off period is the written evidence. The real estate agent has said he hasn't put it on the sales advice as its something the conveyancer needs to confirm. So there's a conflict of info between my conveyancer and rea there. I have a feeling my conveyancer didnt even read the sales advice as he thinks it had the 10 days on it. Neither him or the rea emailed me the sales advice even though I've asked for it.

And due to the above im paranoid to sign the first page if it doesn't mention 10 days cooling off anywhere on it.

 

You must read the whole contract. It likely has a clause which will have you agreeing that you are not relying on any promises made outside the contract.

 

How can I ensure its 10 days then by only signing the front page which has no mention of it ?

As above the conveyancer has said it should be on the sales advice which it isn't to which he said he would contact the conveyancer.

 

You would need to seek legal advice. What state?
Generally you would insert a special condition or amend the specific clause.

 

Nsw.

There were a few things that needed adjusting in the contract but my conveyancer is asking me to sign the contract first page even though nothing has been adjusted.

Is this normal practice? I had this same issue with my previous conveyancer and I moved on from her services because of it.

 

You should only be signing a contract with the terms you want to agree to.

 

Is there an Authority to Exchange for you to sign as well? That usually mentions the cooling off period.

 

I haven't received anything like that no.

Jeez.... two conveyancers in a row what a horrible headache

 

Don’t sign anything until all the terms are exactly as you want them in the contract you are signing!!

 

I dont get this then... two conveyancers in a row told me to sign and then they'll get the changes done.

One dodgy i can understand but two in a row makes me question my sanity.

 

That is very strange, don’t do it.
Just tell them to get the changes done first and then you will sign once you are happy. It’s the only way to ensure you sign the right terms.

 

I've already signed and sent the first page with my email mentioning that I dont authorise exchanging of contracts until the contract of sale has been amended as per conditions requested to vendors solicitor.

Hopefully by including that in the email my conveyancer won't be able to exchange contract until its adjusted. Sadly id already signed before I made this post.

 

You can withdraw your consent if you are still concerned. Perhaps your first post should have outlined that you had already signed as this was unclear.
FYI, don’t get in the habit of signing only one page of a contract. I always sign where indicated and then scan or combine the pages into one PDF before sending to anyone. That way I always have a full copy of the complete contract and proof of what I signed. Sending a single signed page is a bit risky in my opinion, the other party could change other terms on later pages and how would you know?

 

I would prefer not to withdraw consent because I have written record now telling them not to exchange my signed document yet.

I agree about the every page issue and it crossed my mind. My train of thought was that my conveyancer wanted the first page signed while he negotiates with the vendor's conveyancer regarding the clauses within it. Only at that point once all is agreed would he amend the contract after the first page then combine my first page and we exchange contracts.

I apologise for not mentioning it in my first post, it's been a stressful day.