Contract Options Advice Please

Discussion in 'The Buying & Selling Process' started by Mark Biggart, 18th May, 2020.

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  1. Mark Biggart

    Mark Biggart New Member

    18th May, 2020
    I am a first home buyer, I have had an offer accepted by a vendor for a new build, the building is completed.

    We have exchanged contracts which had a cooling off period extended to 22nd May.

    The Registration of Subdivision, or registry with land services, has not completed and there is still paperwork pending (an endorsement from the vendors mortgagee I believe).

    Because registration is not complete my lender won’t issue an unconditional loan approval.

    I do not want to pay my 5% deposit until the registration is complete and I have an unconditional loan approval.

    There is no timeline on the paperwork pending and completion of the registration at this stage.

    What options do I have here to extend the contract to protect me so I don’t have to pay the 5% until the registration is complete and I have full loan approval?

    My solicitor suggested a sunset clause but I don’t want out the contract I just want protections. Sunset seems to work against me as much as for me. I can’t risk paying my 5% for the registration to go on for months in case my lending criteria changes for any reason.

    Any advice On how I can proceed or instruct my conveyancer would be greatly appreciated.
  2. Terry_w

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

    9th Jun, 2006
    Australia wide
    ask for the contract to be amended to reflect that.