Solicitor due dilligence before signing contract?

Discussion in 'The Buying & Selling Process' started by Alex123711, 9th May, 2018.

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  1. Alex123711

    Alex123711 Well-Known Member

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    Should this be done before submitting an offer/ signing offer contract?
     
  2. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    depends on what you are buying.

    typically can be inserted as a conditional to clause..........

    overkill on a standard REI contract with no add on clauses

    ta

    rolf
     
  3. Alex123711

    Alex123711 Well-Known Member

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    Share house type queenslander house, would it be better to see a solicitor first?
     
  4. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

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    Talk to a solicitor or conveyancer about the specifics in the state you're purchasing. It's always a good idea to do due diligence sooner rather than later, but in Victoria you do get a 3 day cooling off period.
     
  5. Terry_w

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

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    Get legal advice before entering contracts
     
  6. willair

    willair Well-Known Member Premium Member

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    It would be the first cab off the rank before the ink is dry..And as most we have dealt with over the years,if you use the same legal firm just forward the contract so they have a look then advise "Sign" or walk most times that first part is free..Then if something completely unexpected happens ,the downside is small % wise and easily controlled ..good luck..imho..
     
  7. Big Will

    Big Will Well-Known Member

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    How is this even a question? Seek legal advice before entering a contract if you are unsure what you get getting yourself into.

    It is like saying should I get myself tested after I get into bed with a street worker or should I use protection?
     
  8. Terry_w

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

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    You could always rely on any cooling off period to terminate the contract, but that can be costly.
     
  9. Jake Milne

    Jake Milne Well-Known Member

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    Having a legal representative have a read through the contract to help you understand any general and special conditions is a good idea.

    You may not be aware of being able to add in certain clauses to said contract that would add some extra protection so having your legal rep add these in for you is recommended.
     
  10. Alex123711

    Alex123711 Well-Known Member

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    The question was do you get a solicitor to do due dilligence before signing the contract or can you put it as a condition in the contract
     
  11. Jake Milne

    Jake Milne Well-Known Member

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    Depends on where you’re buying, and at what stage the market is in.

    For example it changes by city/ state:
    E.g:
    Melbourne for example you do it all before making an offer.
    Brisbane you put in a clause in the contract to do it after making an offer.

    Each state has its own standard version of the contract of sale and order of doing things. Adelaide you do it after an offer but Sydney is best done before (and the buyer pays for the searches)

    Furthermore, market cycles deem what you can get away with:

    Hot/ sellers market: get D.D done before (less conditions means stronger offer)

    Balanced market: depends on the proeperty’s level of demand

    Cold/ Buyer’s market: put as many clauses as you want.
     
  12. Terry_w

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

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    Before.

    How would you know how to word such a condition.
     
  13. dabbler

    dabbler Well-Known Member

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    If you are not familiar with the contract, you ask them to review it, frankly, they also should be the one doing it all with the vendors solicitor.....in NSW at least.