Late on contract conditions

Discussion in 'Legal Issues' started by Codie, 19th Sep, 2018.

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  1. Codie

    Codie Well-Known Member

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    Hi All,

    Quick one, I’ve just sold a house, buyer put down subject to 10 days builders report, 7 days legal, and 14 days LIM report.

    Placed a 10% deposit.

    We are now past both legal and builders by 2 days and solicitor cannot get contact with buyer or his solicitor.

    LIM report has 2 more days but I’ve had one done before and know there is not 1 problem or reason to pull out on this. It’s just precaution (house is in NZ)

    Theoretically, if he was to pull out because he turns around and says something came up in builders, but will be past the dates/ clause.

    Am I entitled to the deposit or a reasonable part for tying the property up for a few weeks in hot market? (Sold in a couple days, multiple)

    Thanks
     
  2. thatbum

    thatbum Well-Known Member

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    Surely your solicitor is best positioned to answer this for you?
     
  3. Terry_w

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

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    No one could say without seeing the contract.
     
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  4. Codie

    Codie Well-Known Member

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    Of course. However he’s being soft and is giving him more time. It’s also 10pm in NZ and was hoping to gain some clarity to help me sleep tonight.

    I now understand, I’ll speak with solicitor tomorrow
     
  5. thatbum

    thatbum Well-Known Member

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    Well at the end of the day you instruct your lawyers, not the other way around.

    But you should keep an open mind because I imagine the lawyer probably has some reasons why "being soft" might be a good idea as well.
     
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