Section 27

Discussion in 'Legal Issues' started by Watson17, 18th Aug, 2017.

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  1. Watson17

    Watson17 Member

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    Hi Guys,

    Quick question regarding a potential situation.

    Looking at making an offer on a property with around a 120 day settlement. The vendors has mentioned to the agent this would work but would want the deposit early so they can look at buying a property. I think this is reasonable enough and i have the funds to release the deposit early.

    My question is, is a section 27 easy and straight forward? Is there any risks involved with this type of arrangement?

    Any advice would be good.
    Thanks
     
  2. Terry_w

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

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    The risk of giving the deposit away before you own the property? What happens if it doesn't settle?
     
  3. Watson17

    Watson17 Member

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    Hi Terry, thanks for the response. This is my first purchase so i'm trying to get my head around it all.
    Is not settling common? I have my finance all pre approved.
    Sorry to the basic questions
     
  4. Terry_w

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

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    most would probably settle. But what would happen if the vendor dies, goes insane, becomes bankrupt, refuses to settle?
     
  5. Watson17

    Watson17 Member

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    What type of risk do you see it by letting the deposit early?
     
  6. Terry_w

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

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    not being able to get it back!
     
  7. Watson17

    Watson17 Member

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    Thanks Terry, i understand that.
    I think i worded my question wrong. Would you see it as high risk, low risk etc? Likely,unlikely? Has this happened much in your experience?
     
  8. Terry_w

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

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    This is something you should be asking your lawyer as it is legal advice.
     
  9. Watson17

    Watson17 Member

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    No Problems, will do.
    Thanks for the advice.