Contract of sale first page advice

Discussion in 'Legal Issues' started by RonnyYil Property, 26th Jan, 2021.

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  1. Curious2019

    Curious2019 Well-Known Member

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    I see no reason why your conveyancer would need the first page signed while he negotiates?

    It’s far too easy for things to get missed when taking pages from different versions of contracts and trying to put them back together. Do you get to see the contract once it’s been re put together before it gets exchanged? Your signature is already on it.. what if it takes days for the changes to be added, does your conveyancer then change the date of your signature?

    Too many variables and moving parts in these kind of situations. This is why I don’t sign anything until everything is final and I can review the whole document before signing. Especially with a transaction as large as a house purchase.

    I’m sure it will all be fine but learn from this experience and take more care when signing contracts in the future.
     
  2. RonnyYil Property

    RonnyYil Property Well-Known Member

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    Yeah I agree with everything you're saying. When the first conveyancer tried this every part of me was telling me dont sign something until its final but they wouldn't budge so I cancelled their services and it was messy and I actually got charged for it. It was a big headache. There were warning signs from the start that I didn't act on.

    I haven't dated my signature as per current conveyancers instructions which makes me think it cant be exchanged anyway and if the conveyancer dates it I can just refer back to my email saying I didnt authorise an exchange yet hence why it wasnt dated as per instructions.

    Yes a learning experience and like the best learning experiences a very stressful one.

    Thanks for the advice.
     
  3. Terry_w

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

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    In NSW you are only locked in on exchange.
    So you could sign the front page and wait for the contract to be amended.
    But it would be better to sign the correct version.
     
  4. RonnyYil Property

    RonnyYil Property Well-Known Member

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    Special condition 9 says the contract is the only agreement which was what you told me to look for.

    The vendor's conveyancer has confirmed our requests in email but I have emailed my conveyancer mentioning condition 9 and if he should amend the contract for me before exchange or if that email is sufficient.
     
    Terry_w likes this.