Making an offer in NSW, questions about the process

Discussion in 'The Buying & Selling Process' started by pfbs, 23rd Nov, 2020.

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  1. pfbs

    pfbs Well-Known Member

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    I own 7 properties across Australia but this is my first NSW purchase so while I'm pretty confident I know what I'm doing there's a few things I'd like to clarify (I believe this is a standard sales contract from the NSW Law Society):

    1) If I want to make the contract only valid for 48 hours, do I simply enter a date 2 days from now in the "Contract date" field?

    2) Do I only need to send back the first page, or all 25 pages? In the QLD contract I vaguely recall having to initial the bottom of every page but in comparison this seems to have very few places I need to sign?

    3) Is there anything else really unique about the NSW process compared to VIC and QLD that I should know about? (the other two states where I hold property).
     
    Last edited: 23rd Nov, 2020
  2. Terry_w

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

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    1. Better to do a special condition with a time and date as 'now' can be vague. Generally offers are not done on the cos thought but verbally or via email. But seek legal advice.

    2. All. They need to know the terms you had accepted.

    3. Lots probably
     
  3. Trainee

    Trainee Well-Known Member

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    Do you understand the importance of the cooling off period on nsw contracts? Or are you also signing the s66W?
     
  4. pfbs

    pfbs Well-Known Member

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    I assume if I'm going with an unconditional / cash offer then I'd have to get my lawyer to provide the s66W form? And without the s66W form its basically subject to a standard cooling off process? Any other nuances to be aware of?
     
    Last edited: 23rd Nov, 2020
  5. Trainee

    Trainee Well-Known Member

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    Whats your understanding of a standard cooling off process? And the 0.25%?
     
  6. pfbs

    pfbs Well-Known Member

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    5 day cooling off period, if you've waived it you lose the deposit + difference in price vs next resale price.

    The 0.25% is payable regardless of whether you've supplied an s66W or not. Is that about right?
     
  7. Terry_w

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

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    There is a standard contract of sale, but this is modified by special conditions usually - and also doesn't need to be used at all. This is why you shouldn't assume that is a a standard cooling off period - you can negotiate longer or a loss of 0.25% - you can negotiate out of this.