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who should keep the original copy of the contract in VIC

Discussion in 'Legal Issues' started by yuefu, 11th Jul, 2016.

  1. yuefu

    yuefu Member

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    Hi there,my friend just bought a commericial property, and she wants the original copy of the contract, but the agent just gave her the copy of the contract(no original signature).

    I checked the <estate agent act 1980>, section 53, "copy of contract etc. to be delivered to person signing", but it doesn't mention if the "copy of contract" is original, can anyone help me to find any law/regulation claiming the buyer should keep the original copy?

    Thank you.

    Oliver
     
  2. JacM

    JacM VIC Buyer's Agent Business Member

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    These days it's mostly done via email so there'd be a print and scan in between each signature. So you wouldn't have a piece of paper with the original pen ink from both parties in many situations these days.
     
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  3. Scott No Mates

    Scott No Mates Well-Known Member

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    Usually the solicitor gets to see the signed copy. I can't say that I have ever bothered to chase it down as I don't need the original and it is in the hands of the solicitor.
     
  4. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    This issue is one for your solicitor. That is the process of exchanging contracts. Arguably the contents need checking to a greater degree than determining a contract is signed.
     
  5. yuefu

    yuefu Member

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    solicitor will help for settlement, not for signing the contract. At the moment, she just signed the contract , and she just want the original copy of the contract, I think it's very reasonable it's the law for the agent to provide the signing copy .
     
  6. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    You need the original contract if there is an exchange. The agent should have it.
     
  7. JDM

    JDM Well-Known Member

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    If there is only one original contract it would usually go to the buyer (or their solicitor if represented) in Qld but it may be different in VIC.