WA Variation to Contract question

Hi guys, new poster here. Found you all by trying to search for a solution to our problem!

The scenario is: we put in an offer on a block that is being subdivided but titles not yet issued. Offer accepted, O&A signed up with a seller's special condition that titles shall be issued within xx days. Those days are now up, titles still not issued but we still want block & happy to wait. Re-signed new variation despite 3 more changes by seller to original conditions (block size dropped a metre, address changed to side street, and now advised of new easement). New variation not yet received back signed yet (we have signed it) & told since we are now out of contract to consider our position as other ppl in line to make offers! We believe he is working up other offers even though we had a contract & amount agreed to.

Question is we have done no wrong, variations have all been sellers, we still want block but can they take new offers now the xx days have passed?! Do we both need to mutually agree to terminate contract or is this all legal?

We are stressed!!! Appreciate any help

 

Do you have a conveyancing solicitor helping you with all this? That probably should be your go to person here.

 

Thanks Thatbum...because we haven't got to settlement stuff yet I wasn't sure they could help. We've been waiting for titles to be issued & told them we'd let them know once ready. Am planning to call them in morning though

 

Well lesson learned for next time - if you aren't full bottle with the O&A paperwork (and I haven't met many people that are in WA) then you should be getting a lawyer on board before you offer frankly.

This applies especially so if there's extra complexity to the sale such as buying subject to titles, or agreeing to variations.

Hopefully get the legal advice now isn't too late.

Make sure its a lawyer and not some non-legal settlement agent.

 

I believe, and I'm not a lawyer or conveyancer, is that the contract keeps going in this situation until the Seller or yourself gives written notification that a clause has not been met and the contract is to be terminated.

Ideally you should not have signed a contract that was xx days if you were happy to wait longer. If you were happy with the price and happy to wait then simply a settlement date of 14 or 21 days from titles being issued would suffice. That assumes that finance had already been sorted.

Titles are notoriously late - has it been approved by WAPC and lodged for titles? Odd that an easement would come along now if it's already been approved by WAPC. What is the easement for?

 

It's a survey strata block & the easement relates to power for one of the other lots. We think it was known but just not mentioned to us before...another reason why we are nervous abt what is going on now. It wasn't us who requested the xx days but in hindsight I don't know why they added that clause or why we accepted it. I guess we didn't want it to (or think it would) go on so long. All the variations & conditions have been the sellers.

Settlement is not an issue. It's just been the titles. Final approval has been received & it's just the last step for the titles that is taking so long.

 

Definitely talk to your lawyer who's handling the settlement in the morning and get some advice.