When is the deposit late?

Discussion in 'Legal Issues' started by ff3, 17th Feb, 2017.

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  1. ff3

    ff3 Well-Known Member

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    Hi,

    Purchased a property and cooling off ends today. To pay the balance of the 10% deposit, have made several bank transfers over Wednesday and Thursday night. The Wednesday transfers have hit the vendors trust account but appears that the one transferred yesterday has not shown up as of this morning. Suspect it won't show up until Monday (Ubank to Macquarie)

    How big a deal is this if the money is not received by 5pm in their account? Realistically any chances of losing the property? Agent is hammering me this morning to either seek an extension and provide a bank cheque for the balance. Am waiting to hear back from solicitor but is is a big issue?
     
  2. D.T.

    D.T. Specialist Property Manager Business Member

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    What state is the new property in? Guessing NSW by the lingo used?
     
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  3. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Send agent evidence of the transfers and they should be fine. They just want to tell their client your intentions arent just steam.
     
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  4. spludgey

    spludgey Well-Known Member

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    Should be in the bank after 3pm today anyway.

    No, definitely not.
     
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  5. Terry_w

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

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    tell em to just wait
     
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  6. ff3

    ff3 Well-Known Member

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    Yeah NSW.

    Spoke to solicitors, didn't seem to concerned. Ultimately vendor's solicitor refused to extend cooling off but allowed us additional time to pay deposit. Sheesh.
     
  7. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Cheques in the mail
     
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  8. Propertunity

    Propertunity Well-Known Member

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    My understanding is that if you get to the end of the cooling off period and don't rescind the contract then you are unconditionally exchanged. If the deposit is late or has a shortfall you are still buying the property. You are just in breach of the contract.
     
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