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NSW RE contract and offer conditions

Discussion in 'Legal Issues' started by dabbler, 8th Dec, 2016.

  1. dabbler

    dabbler Well-Known Member

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    In regard to NSW standard type contract, if you want to make an offer but show vendor a signed contract with the offer, can you write on the front page any condition/s.

    I ask as do not trust my conditions to be conveyed properly and the vendor has said, I am told, that they do not take offers serious, maybe they come from QLD where people sign contracts when putting offers forward.
     
  2. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Conditions would usually be in a separate section entitled 'special conditions'.
     
  3. dabbler

    dabbler Well-Known Member

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    I mean purchasers conditions, not getting solicitor involved till know vendor is serious, so want to put it on contract, I guess I could just write it on the contract front page, or attach conditions and not sign and leave deposit with agent.

    Need a carrot.
     
  4. dabbler

    dabbler Well-Known Member

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    NSW system can be very clunky, in many ways the QLD system is better. But maybe sign and then not give a deposit would be better, contract void if no deposit given. It is the deposit that validates the contract, or is there something in the law that requires payment once signed in NSW.
     
  5. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Yes I was referring to the purchaser. Writing it on the front page is not a good idea. You need to put it in the special conditions section.

    If you don't want a lawyer involved you would need to write it yourself. It could be hand written. - at you risk.
     
  6. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Don't bet on this!
     
  7. dabbler

    dabbler Well-Known Member

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    Oh, ok ? I thought a contract would become void or not be a contract at all without payment & payment in the amount on the contract, actually would have thought would need signing of all pages to be watertight.

    In this contract there are some huge errors, legally I do not think it is even a contract :) Front page is right though.

    I will have my solicitor involved, but before getting them involved, need the vendor on same page, they consider written offer just talk, probably because the agent calls them and talks, frankly often agents and sometimes solicitors are like road blocks to progress.

    So 2 main objectives, not risk .25 and have my conditions, and get the vendor feeling like we are serious, really it is the REA job, but this is often what happens. Oh, and do not waste solicitors time :)
     
  8. dabbler

    dabbler Well-Known Member

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    If no solicitor at that stage, I can word the conditions, but if is on separate page, how best to make sure it cannot be ignored, write on front page see conditions page 1A attached and sign, somewhere on front page ?
     
  9. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Does it matter if the condition is not noticed by the vendor?
     
  10. dabbler

    dabbler Well-Known Member

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    Maybe, I do not know the vendor.

    I tend to think it is better that they do not miss, or have them mis communicated.
     
  11. Jacque

    Jacque Buyers Agent and Bookworm, Sydney Business Member

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    Hi @dabbler I'd advise putting your offer and all preferred terms of sale on a written offer form and presenting to vendor's agent, with a timeframe in which he/she can return to you. Depending on their responses, you can then get your conveyancer to draw up any agreed conditions (in legal-speak) so you are covered here. These ideally should then be added to the conditions already in both copies of the contract by both sides legal reps.

    As a purchaser you are best to leave the front page of a Contract for Sale and Purchase of Land (as it's now known 2016 edition) for your solicitor/conveyancer to complete (if exchanging in their offices) or as appropriate for the agent to complete if in the RE office. Best of luck with it all.
     
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  12. dabbler

    dabbler Well-Known Member

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    Thanks for that.

    I always write my offer and conditions & am very specific on all points.

    Sometimes I wonder why I bother, I have found many agents will say yes, offer accepted, then, the other side denies any agreement to any conditions, I even had one of them had a go at me about trying to add conditions at exchange time, the twit clearly did not read past the first line where the amount was.

    In this case, agent is ok, but vendor has just come back saying talk is cheap, so I think a contract may entice, or some money, but I must have some conditions on this one for my benefit.

    I think a note on front of contract & giving an offer page a number to be referenced may work ok, At least this way other side solicitor will know there was conditions.

    I was thinking lack of money as a deposit would mean there was no valid contract, seems that may not be right ?

    Maybe the money first may entice more than the contract.