Hi, I have found that many contracts handed out by agents are missing contact details for the seller, and in some cases have no sellers solicitor stipulated either. If this contract is signed, and the buyer decides not to come forward with a solicitor or contact details, where is the buyers solicitor going to send notices? Say for example, to terminate with the qld cooling off period? or due to building and pest? Thanks.
The solicitor’s details will be provided once there is an offer and acceptance and contracts signed or about to be signed. The selling agents keep these details off the contract to prevent buyers approaching the vendor or their solicitor directly and cutting out the agent.
I have found that many contracts handed out by agents are missing contact details for the seller, and in some cases have no sellers solicitor stipulated either. If this contract is signed, and the seller decides not to come forward with a solicitor or contact details, where is the buyers solicitor going to send notices? Say for example, to terminate with the qld cooling off period? or due to building and pest? I'm imagining a scenario where the seller waits until the B&P period has expired and then comes forward with contact details.
I don't practice property law, but under the laws of agency, it could be. You should read the contract first and then speak to a property lawyer.
The agent is the vendor's representative. In absence of a solicitor, the agent is your point of contact and has more interest in stoppiing the deal going off the rails.
Thank you for your replies. I will eventually end up asking a solicitor, but in the meantime its an interesting question. The QLD REIQ contract seems quite clear that notices need to be given to seller or their solicitor at the contact details defined in the reference schedule. There was also a recent case in Victoria, but i suppose that has not application in QLD. https://www.turkslegal.com.au/files...-real-estate-agentpdf/download?token=KnO2Lhme
Thanks Terry, the laws of agency may come into play here. I'll have to confirm with a local Solicitor.
If I were acting in this case, notice would be given to the agent, posted to the property address and sent to any other known addresses. There is essentially zero chance a Court would not hold this to be a valid termination where the Seller has not provided any notice details.
