Offer Acceptance & Options

Discussion in 'The Buying & Selling Process' started by pjames, 1st May, 2017.

Join Australia's most dynamic and respected property investment community
  1. pjames

    pjames Well-Known Member

    Joined:
    30th Jan, 2017
    Posts:
    127
    Location:
    NSW
    If I'm selling a place and someone makes an offer what are my options? For example if someone makes an offer at just below asking price then it's now in cooling off period but another person makes a much better offer, can I decline the first offer now or am I obliged to sell it to them?
     
  2. Dan L

    Dan L Well-Known Member

    Joined:
    24th Aug, 2015
    Posts:
    173
    Location:
    NSW
    I believe that if you are seller and are in a cooling off period, it is only the purchaser that can exercise their cooling off rights. You are obliged to sell to them. Check this with your conveyancer though.
     
    pjames likes this.
  3. Jamie Moore

    Jamie Moore MORTGAGE BROKER - AUSTRALIA WIDE Business Member

    Joined:
    18th Jun, 2015
    Posts:
    3,980
    Location:
    Canberra, Brisbane and Sunshine Coast
    Which state is this in?

    Generally speaking - the cooling off period protects the buyer more than the vendor.

    Cheers

    Jamie
     
    pjames likes this.
  4. Propertunity

    Propertunity Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    3,476
    Location:
    NSW
    In NSW if you have exchanged subject to a 5 day cooling off period (COP), the buyer is in complete control - a vendor cannot decide not to sell, or to sell to anyone else at a higher (or lower) price. The 0.25% deposit that is put down by the purchaser is forfeited to the vendor if the buyer rescinds the contract for any or no reason within the COP.
     
    pjames likes this.
  5. pjames

    pjames Well-Known Member

    Joined:
    30th Jan, 2017
    Posts:
    127
    Location:
    NSW
    thanks, that clears up all my questions. With the deposit and the buyer pulls out, does that go to me or does the agent take a cut?
     
  6. Propertunity

    Propertunity Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    3,476
    Location:
    NSW
    Vendor gets the 0.25% fully (no agent comms).