Ghosted during purchase process

We're buying our first property and have needed to run the process more quickly than we'd like given that we're moving out of a rental and have time constraints. Found a place that seemed decent though a bit on the expensive side. It appeared to be well maintained and so we initiated the process of purchase. We were never told "your offer has been accepted" but sent the contract which we signed and then the Agent delivered the cosigned contract to us a day late. It already felt strange.

Early on it became apparent that we were not going to receive much information on the property, asked questions we felt relevant and were pushed towards making the contract unconditional with financing. We did so and continued to seek some information which we felt was ok to ask. We were told that we were only permitted to communicate with the Seller's Solicitors which ruled out even talking to the agent. Is this ok?

When we asked questions via our Conveyancer and chased them on the answers, we were informed that the Seller's Solicitors had replied "not relevant."
The process has felt adversarial from their side, from early on. We've felt bullied into submission.

We understand that a Seller may not have to answer some questions but our access to the property prior to the unconditional status of the contract was forbidden. Where we couldn't check things for ourselves, we posed the questions.
The Solicitors of the Seller are determining all of the conduct during this sale, we feel ghosted and the excitement of buying the property is all but gone. We chose basic Conveyancers for this purchase as we felt it would be quite straightforward, so if all goes normally they're probably great but this situation appears to be skewed. We have nothing to do but abide by the directions of the Seller's Solicitor and may end up buying a property with issues they should have addressed or admitted when asked. Even arranging our final inspection prior to settlement is becoming an ordeal and nobody will communicate anything for an appointment of the same.

Is this acceptable or can we as buyers make a complaint about the conduct? Can anything be done to get clear communication or do we just have to proceed to settlement feeling like we are in the dark?

 

• When did you engage your conveyancer?
• Did you/your conveyancer arrange for a pest & building inspection during your cooling off period?
• Your conveyancer should be advising you, prior to signing a contract for $X00,000's
• Once the contracts are unconditional, there's not much which can be modified

 

You have entered a contract which contains all the terms you have agreed to. There is no requirement for them to answer your questions or give you access unless its part of the contract.
Usually there will be access granted to once just before settlement.

What sort of questions are you wanting aswered?

 

Why did you feel 'bullied' or 'pressured' to buy a property when you were unsatisfied with the explanations and when you had the option all along to refuse to sign the contract or use the Cooling-Off period to pull out! Or engage a Solicitor.

Real Estate Contracts are very solid and have plenty of disclosures and therefore if the contract is unconditional, you are locked in and it is very very unlikely you can breach the contract without being liable to have your deposit returned plus Seller could still claim damages.

This does not appear 'ghosting' to me. Perhaps a case of unrealistic expectations on the level of detail a Seller/ agent has to furnish or you might be seeking information which Seller has no obligation to disclose per the contract.

 

Op, dont treat a property purchase like a relationship where you can complain to your friends on fb.

there is a clear legal process. Your solicitor should be advising you. You chose your advisors. Given that you are not familiar with the process, its impossible to actually see whether the other side is being unreasonable, or your expectations are.

 

Not quite sure what questions you have. Making a contract is where negotiation occurs. Once made its really a case of fulfilment of the contract.

Rule 1. Dont sign a contract prior to legal advice. Your conveyancer assumes you make a binding contract because you presented it them that way. AFTER you had signed. Surely you arent expecting regular dialogue with the vendors or their solicitor ? Or even your conveyancer. You are likely in the quiet month. In a good settlement you may heard NOTHING until a few days prior when your conveyancer will address final settlement proceeds, duty has been paid and settlement estimate and discuss you co-ordinating an inspection date and time literally day prior to settlement.

 

Add me to the list of being interested in what the questions were.

With the final inspection, tell them now that you won't settle unless they let you have it.

Also, you can absolutely talk to the REA, but they don't have to respond if the contract is unconditional and they feel they've secured their commission.

 

Threats are probably the way NOT to deal with the issue. The conveyancer is the best person to advise and address any communications. They would ask the inspection be co-ordinated so settlement isnt delayed. Ideally when vacant so condition can be assessed. If the vendor was unaggreeable their conveyancer / solicitor would advise them of their obligation to permit a inspection. to avoid them incurred additional costs due to delay.

 

I agree, it's all about how you communicate that message! And making it more adversarial is probably not the best idea, but yes, you can give them a gentle nudge.