delay and difficulty to settle on time due to covid lockdown (vic)

Discussion in 'The Buying & Selling Process' started by rob9999, 17th Sep, 2020.

Join Australia's most dynamic and respected property investment community
  1. rob9999

    rob9999 Active Member

    Joined:
    4th Dec, 2019
    Posts:
    29
    Location:
    australia
    can anyone advise if there is anything that can assist in delaying the settlement as result of the lockdown and issues causes in the industry? thanks
     
  2. Westminster

    Westminster Tigress at Tiger Developments Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    11,357
    Location:
    Perth
    Is there anything in the contract?

    In Perth most people are including an annexure to the contract which gives extra leeway due to Covid19
     

    Attached Files:

    Terry_w likes this.
  3. rob9999

    rob9999 Active Member

    Joined:
    4th Dec, 2019
    Posts:
    29
    Location:
    australia
    is there any thing happening in Victoria?
     
  4. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,001
    Location:
    Australia wide
    Not that I know of. Have you sought legal advice?
     
  5. rob9999

    rob9999 Active Member

    Joined:
    4th Dec, 2019
    Posts:
    29
    Location:
    australia
    legal advice on?

     
  6. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,001
    Location:
    Australia wide
    Is this a theoretical question or do you actually have a contract afoot?
     
  7. rob9999

    rob9999 Active Member

    Joined:
    4th Dec, 2019
    Posts:
    29
    Location:
    australia
    the question is

    can anyone advise if there is anything that can assist in delaying the settlement as result of the lockdown and issues its caused in the industry? thanks

     
  8. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,001
    Location:
    Australia wide
    I answered the question above.
     
    ff3 likes this.
  9. Westminster

    Westminster Tigress at Tiger Developments Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    11,357
    Location:
    Perth
    If you could give more information @rob9999 some suggestions might be made

    - are you the seller or the buyer?
    - why do you want to delay ?
    - or is the other party wishing to delay?
    - why do you feel that you need to delay?
    - has finance taken longer perhaps?
    - have you been unable to achieve vacant possession as you can't get a tenant to leave during lockdown
    - have you been unable to find another place to live?
    - have you sought advice from your lawyer and what did they say?
    - have you asked for an extension and it's been denied?
     
    qak, Stoffo and Rich2011 like this.
  10. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,536
    Location:
    Sydney
    Yes. A solicitor can advise
     
    qak and Terry_w like this.
  11. rob9999

    rob9999 Active Member

    Joined:
    4th Dec, 2019
    Posts:
    29
    Location:
    australia
    delays with securing finance as result from issues related to lockdowns

    valuation and finical criteria changes
     
  12. Stoffo

    Stoffo Well-Known Member

    Joined:
    14th Jul, 2016
    Posts:
    5,331
    Location:
    In the Tweed
    @Westminster went to the trouble of a detailed response with various questions ;)

    @rob9999 you barely replied and failed miserably to provide context for anyone to formulate an appropriate response :mad:

    Any answer anyone tries to provide will therefore result in more questions because your circumstances don't align with the reply, and it's very likely that any actions you end up taking could be wrong:eek:

    Read the contract, all your answers are in that document ;)

    If you still have questions pay for legal advise as @Terry suggested :p

    We tried to help, but you need to help yourself first o_O
     
  13. rob9999

    rob9999 Active Member

    Joined:
    4th Dec, 2019
    Posts:
    29
    Location:
    australia
    its a pretty simple... basic , general question. that does not require any more information.

    if there is anything that can assist in delaying the settlement as result of the lockdown and issues causes in the industry? thanks

    "anything" some ideas...

    the first reply was an example of one thing that may be an option. if you dont have a helpful response... dont comment.


     
  14. Stoffo

    Stoffo Well-Known Member

    Joined:
    14th Jul, 2016
    Posts:
    5,331
    Location:
    In the Tweed
    IF it is so SIMPLE & BASIC why do you need to ask ?

    It has been answered several times already :p

    As you noted @rob9999 in @Westminster first post
    If you are looking for excuses to delay settlement the only one's you will have available will be in your contract !

    The quickest way to delay/cancel settlement is if you were unable to settle due to death !

    As you signed the contract without reading it or seeking legal advice it is all on YOU :p


    I choose to comment as this is a public forum :cool:

    You chose to post an open ended question and then not reply to specific questions posed by people trying to assist you for FREE out of the goodness of their hearts o_O

    The forum is a two way street, people ask for an opinion and others reply, at some point it is hoped that those whom have been helped contribute to the forum community by replying :D

    Should you need some endless useless info Google it or spend a few days on Facebook instead ;)

    You can lead a horse to water :eek:
     
    Last edited by a moderator: 30th Sep, 2020
  15. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,001
    Location:
    Australia wide
    Yes there is
     
  16. Trainee

    Trainee Well-Known Member

    Joined:
    24th May, 2017
    Posts:
    10,347
    Location:
    Australia
    Op’s posting history is telling.
     
    craigc and Stoffo like this.
  17. rob9999

    rob9999 Active Member

    Joined:
    4th Dec, 2019
    Posts:
    29
    Location:
    australia
    really helpful bunch....
     
  18. Stoffo

    Stoffo Well-Known Member

    Joined:
    14th Jul, 2016
    Posts:
    5,331
    Location:
    In the Tweed
    :p
    Clearly there is only the one appropriate answer then ;)

    Or you could "try" negotiating with the other party :rolleyes:

    Unless you can find something else in the contract o_O

    (You do understand that is why once signed a contract is "binding" so either party can't get out of it without financial compensation to the other party ;)).
    (You could ask for a settlement extension, but will have to pay for it as detailed in the contract).
    (Or you could renege on the exchange, but will be up for considerable costs in compensation as detailed in the contract).
    .
    .
    .
    .
    Do you get it yet @rob9999 ? PS, it's in the contract :D
     
  19. Gockie

    Gockie Life is good ☺️ Premium Member

    Joined:
    18th Jun, 2015
    Posts:
    14,794
    Location:
    Sydney
    What does your solicitor say?
     
  20. skater

    skater Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    10,278
    Location:
    Sydney? Gold Coast?
    I'm guessing it's a question that he's been asked as part of his studies & was hoping we'd answer it for him.
     
    Gockie likes this.