Will I have to settle on land after paying 10% initial deposit

Discussion in 'Introductions' started by Maneesh Chopra, 7th Jun, 2017.

Join Australia's most dynamic and respected property investment community
  1. Maneesh Chopra

    Maneesh Chopra Member

    Joined:
    3rd Jan, 2017
    Posts:
    10
    Location:
    Sydney
    I paid 10% initial deposit on my land earlier last year. Now land is ready for registration but I am having some issues due to which I can't settle. Land value has gone up since then. Can the vendor force me to settle on the land or can I forfeit my deposit and the vendor can find new buyer?
     
  2. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,001
    Location:
    Australia wide
    Seek legal advice

    If the land has increased in value they might release you from the contract and give your money back. if not you might lose the full 10% and possibly more
     
    Perthguy likes this.
  3. Perthguy

    Perthguy Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    11,767
    Location:
    Perth
    If the land has gone up in value, have you investigated if you can onsell it yourself?
     
  4. Perthguy

    Perthguy Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    11,767
    Location:
    Perth
    My brother in law bought a development block and sold it prior to settlement. The way the sale went through was that he formally settled the land then immediately settled with the new buyer on the same day.

    However, it was not a new estate and there could be rules around on-selling? This could mean @Maneesh Chopra is not able to sell but won't know without legal advice.
     
    Terry_w likes this.
  5. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,001
    Location:
    Australia wide
    Yes it may be possible to onsell.