Sale Contract Request Denied

Discussion in 'Legal Issues' started by GreenTreeFrog, 6th Dec, 2021.

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  1. GreenTreeFrog

    GreenTreeFrog Well-Known Member

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    Is it standard practice for a real estate agent in Qld to refuse a request for a sale contract prior to submitting an offer? I want to review a contract and they have advised me they don’t send out “uncompleted contracts”. I have to submit an offer first.
     
  2. wylie

    wylie Moderator Staff Member

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    I call BS on that. How can you make an offer and then while you are having your lawyer review it, it could be signed by the vendor and it is a binding contract (albeit with a cooling off period that will cost you money if you pull out on that basis).

    I'd call the principal of the agency and complain.
     
  3. gach2

    gach2 Well-Known Member

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    Make an offer then with the contract being your favour.

    Offer doesn't mean anything until its on a signed contract

    In saying that contracts are usually all the same (other than additional clauses)

    Im assuming you mean a copy of the title (which shows any restrictions/easements etc)


    Based on your location contracts are different in QLD v NSW
    NSW - contracts are prepared by conveyancer/solicitor and need to be prepared prior to marketing a property

    QLD - prepared by REA and are usually standardised and usually prepared after the offer is potentially accepted
     
  4. wylie

    wylie Moderator Staff Member

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    We usually make the offer directly on the contract in Queensland. I've never done it any other way.

    Which means if buyer writes the price in and signed everything, and the vendor signs it, then it is binding (with the ability to cool off at a small cost). I've also never had a solicitor review a contract, but that's not the point.

    Agent should have no issue with giving out the contract for review before you sign it.
     
  5. gach2

    gach2 Well-Known Member

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    If your writing the offer on the contract then theres no problem

    You would have the contract their to review before you write your details and the offer
     
  6. wylie

    wylie Moderator Staff Member

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    That’s true. I was thinking the OP wanted to have a lawyer check it but reading it again, that’s not clear.
     
  7. GreenTreeFrog

    GreenTreeFrog Well-Known Member

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    I wanted a copy of the contract to read through myself and see if there are any special conditions first up. And then get it reviewed by lawyer. Speaking of which, can you recommend a good one in Gold Coast/Surfers/Brisbane? I am in NSW. I'll also search for previous posts asking the same question. Thank you.
     
  8. Paul@PAS

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

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    Thats a concern. In order to list a property the contract must be available. You may review the contact and decline to make a offer because the title is company title for example. Or you find strata levies for capital works are excessive etc. The agent must not sell a lot of property since every savvy buyer will consider the contract and likely even inspections etc prior to a proper offer. He sounds like he wants to bait people. Or they lack a contract which may make the advertising etc all illegal. Ask them which. Play his game...Verbally give him a offer then deny you ever said it. he will look like a ****ing idiot.
     
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  9. Marg4000

    Marg4000 Well-Known Member

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    I don’t understand this.

    Should not be too hard to get a standard blank REIQ contract form which is what most agents use. If that is what you are talking about.

    Offers are made in Qld on a contract which shows all conditions that have been negotiated. Such as price, settlement time, finance clause, vacant possession (or lease details) B&P clause and anything else you want to add. These depend on the offer being made.

    This contract is then given to you to sign. At this point you can take it to your solicitor to review. Nothing is binding on you until you sign. Then the vendor either accepts your offer and signs the contract, or makes a counter-offer. Anything added after you sign has to be counter-signed by you.
     
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  10. Dave Millard

    Dave Millard New Member

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    Most likely just lazy agent, go into their office and they should be able to give you a copy on the spot