Off the Plan - Deposit earning interest?

Discussion in 'The Buying & Selling Process' started by J&E, 15th Aug, 2018.

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  1. J&E

    J&E Active Member

    Joined:
    15th Dec, 2016
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    Sydney
    Hi all,

    I noticed in the off the plan contract the following.

    36. Deposit
    36.1 Investment of Deposit
    The deposit holder must invest the deposit (at the risk of the party who becomes entitled to it) in an interest bearing account with a bank in NSW, payable at call, with interest to be reinvested.

    36.2 Payment of interest

    a) On completion, interest will be paid to the parties equally, after deductions of all proper government taxes or financial institution charges or other charges

    b) If this contract is rescinded or terminated, interest after deduction of all proper government taxes or financial institution charges or other charges will be paid to the party entitled to the deposit, unless otherwise agreed between the parties.

    Is point a) saying that the deposit funds I transferred over (which has been about a year now) that we are entitled to a deduction from the total cost of purchase when we settle based off what the interest would have been earned from the time the deposit was paid till settlement?

    Is point b) saying the same thing except in the situation if me or the buyer pulls out for any contractually valid reason?
     
  2. Terry_w

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

    Joined:
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    a) No.
    It is saying any interest earned, after fees etc, will be shared by the borrower and seller.

    Probably $58 or so.

    b) yes
     
    Dan L likes this.