South Australia: Can you exercise your own cooling off rights without a solicitor?

Discussion in 'Legal Issues' started by FatElephant, 23rd Feb, 2022.

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  1. FatElephant

    FatElephant Well-Known Member

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    Just have a question regarding cool off rights in South Australia property purchases.

    So the cooling off period is 2 business days from when the Form 1 is served.

    If I were to cancel during the cooling off period, it needs to be a written notice and signed by me.

    But does the notice need to be written by your solicitor/conveyancer? Or can I write my own cooling off notice, sign it and then send it off?
     
  2. Trainee

    Trainee Well-Known Member

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    Even if you could, doesn't mean you should.

    Is there a proper form the communication has to be in? Are there forms which are not permitted? Does it need confirmation of receipt by the other party? Do you send it to the vendor or the vendor's solicitor?

    If you can't answer these questions, that's why you have a solicitor.
     
    FatElephant likes this.
  3. D.T.

    D.T. Specialist Property Manager Business Member

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    Yes you can write your own, i have before when it was discovered at the building inspection a house i was buying had an asbestos problem.
     
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  4. FatElephant

    FatElephant Well-Known Member

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    22nd Sep, 2019
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    Location:
    Sydney
    Thank you so much to both. I have a solicitor he just hasn't gotten back to me yet and I was panicking D: He has since gotten back to me and has confirmed that it's something that I can write myself in an email but I just need for them to acknowledge that they've received it.
     
    beachgurl likes this.

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