Terminate unconditional contract

Discussion in 'Legal Issues' started by Freedom Seeker, 10th Sep, 2017.

Join Australia's most dynamic and respected property investment community
  1. Freedom Seeker

    Freedom Seeker Well-Known Member

    Joined:
    30th Jul, 2017
    Posts:
    237
    Location:
    Sydney
    I signed an unconditional offer on Saturday. The agent advised me that the owner accepted it. However, I have not seen the signed contract and I have not paid deposit. After doing further research, I found that this property is not what I want. Can I still terminate the contract with a written notice to the agent without getting penalty? Thanks
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,255
    Location:
    Sydney or NSW or Australia
    'unconditional offer' - I take it that this is purely an offer, you're yet to receive the contract or get legal advice on the contract nor signed a S66W certificate.

    So you may be free to withdraw or at worst use the cooling off to recind the contract.
     
  3. The Y-man

    The Y-man Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,528
    Location:
    Melbourne
    Which state is the property in?

    The Y-man
     
  4. Stoffo

    Stoffo Well-Known Member

    Joined:
    14th Jul, 2016
    Posts:
    5,335
    Location:
    In the Tweed
    WHAT exactly did you sign ???
    A handwritten OFFER (that you signed) ???
    The agents letter of offer ???
    Email offer to agent ???

    Have you received written acceptance (email)?

    Still a chance you could email a formal withdrawal of offer, due to not being supplied a contract to sign ......
     
  5. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,007
    Location:
    Australia wide
    How did you sign it if you did not see it?

    Seek legal advice asap as there may be a cooling off period.
     
  6. Freedom Seeker

    Freedom Seeker Well-Known Member

    Joined:
    30th Jul, 2017
    Posts:
    237
    Location:
    Sydney
    I signed the contract and the cooling period was waived. I have not received the counter signed contract and have not paid the deposit. The property is in Tasmania.
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,255
    Location:
    Sydney or NSW or Australia
    Not being familiar with Tasmanian contracts, does the waiver require solicitor's advice prior to signing like NSW?
     
    Terry_w likes this.
  8. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,255
    Location:
    Sydney or NSW or Australia
    @Freedom Seeker - There is no cooling off period in Tasmania if you have signed a contract - Linky

    Extract:

    "
    'Cooling off periods'
    Be sure the property you are buying is what you want. ‘Cooling off’ periods for residential property sales are not recognised in Tasmanian legislation. Also, there is no legal obligation for a purchaser to disclose defects in the quality of the property for sale. This is known as vendor disclosure. Asking the right questions could save you money and trouble. “Buyer beware” is the position you should take."
     
    jim1964 likes this.
  9. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,171
    Location:
    03 9877 3000
    You probably do have a verbal contract, but any contract is very difficult to prove or enforce if it hasn't been put on paper.
     
  10. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,007
    Location:
    Australia wide
    An oral contract relating to land is unenforceable in most states probably including tas
     
    Ed Barton likes this.
  11. Freedom Seeker

    Freedom Seeker Well-Known Member

    Joined:
    30th Jul, 2017
    Posts:
    237
    Location:
    Sydney
    I emailed the agent to withdraw the offer. However, she sent me the counter signed contract after that and informed me that I can not withdraw. Does that mean I can't get out of it?
     
  12. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,850
    Location:
    Perth, WA
    You should probably get some proper legal advice and assistance on this asap.
     
    MTR, Terry_w and Perthguy like this.
  13. Trainee

    Trainee Well-Known Member

    Joined:
    24th May, 2017
    Posts:
    10,349
    Location:
    Australia
    Wheres your solicitor in all of this?
     
  14. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,007
    Location:
    Australia wide
    I am not privy to the details so have no idea. Aren't you getting legal advice on this?