QLD Contract buyer's signature validity time limit

Discussion in 'Legal Issues' started by mojorising, 16th Jan, 2019.

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  1. mojorising

    mojorising Well-Known Member

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    In QLD (unlike NSW) the buyer signs the contract first and gives it to the seller and the seller then signs the same contract and then returns a copy to the buyer.

    When signing a QLD contract is there a way to word a condition that the buyer must countersign and provide a copy within a certain time or else the buyer's initial signature become's void?

    Thanks
     
  2. wylie

    wylie Moderator Staff Member

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    You can put a time limit on the contract. I don't know how to do this as we've never done it. But we have done it the other way when the buyer signed, we countersigned and then he decided to play games by holding out telling the agent "I might sign later today, maybe not, maybe tomorrow".

    We emailed the agent and rescinded the contract. This joker purchaser was not going to play around with us. But putting a time limit on it would have been neater.
     
  3. KayTea

    KayTea Well-Known Member

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    Ouch! I know buying and selling is supposed to be able making good financial decisions (think with your head, not your heart, and all that stuff), but usually dealing with real estate transactions can be a highly emotional time and can be very draining.

    Someone who wants to stuff you around with that kind of nonsense is probably not someone you want to spend time trying to transact with.
     
  4. Terry_w

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

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    yes
     
  5. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    All reasons why legal advice prior to execution of any contract may address time limits, additional clauses or offending clauses (eg land tax) and other matters. The legal advice will reduce the emotional issues and leave the factual issues and address risks eg conditional issues such as finance, inspections and the like. The wording of these conditions can be important.

    If a REA hands you a contract the worst thing you can do is sign it at that time.
     
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  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Agreed.

    'The contract is mere details', '...who has time to read 40 pages???', 'I discussed with the real estate, they said it would be fine'.

    You hear those one all the time then they have to extract themselves from the mire.
     
  7. The Y-man

    The Y-man Moderator Staff Member

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    FYI - in Victoria, if the standard REIV contract template is used, it has a default expiry of 3 clear business days if nothing is specified.

    The Y-man
     

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  8. mojorising

    mojorising Well-Known Member

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    The QLD contract is a pretty simple and I have bought and sold several times in QLD so I know my way round the contract.

    I am just wondering as a buyer how to word an extra clause that would put a time limit on receipt of a countersigned copy - at the time of providing the initial signature as the buyer.

    I don't think the QLD contract has anything specific relating to this issue in its default format.
     
  9. Terry_w

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

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    This is something your solicitor should be advising on - drafting a contract clause.

    But something along the lines of - this offer lapses if it is not accepted within 24 hours.
     
  10. Terry_w

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

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    actually, you wouldn't put 24 hours, but the actual time - 6pm on 19jan.
     
  11. Shogun

    Shogun Well-Known Member

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    Legal advice is best.
    Acceptance must be communicated. A before end time/date and method of communication eg by phone, face to face etc can be specified. Communication by Post (time of acceptance) is different so be aware of that.
     
  12. mojorising

    mojorising Well-Known Member

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    ^
    ^^
    Thanks for the suggestions folks.
    I was thinking of something along the lines of stipulating that a photo of the countersigned signature page be sent to me before 6pm on such and such a date.
    Anyway I will consult with the lawyer before doing anything.