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  1. Peter_Tersteeg

    Subject to finance clause

    The friend isn't going to get the full deposit. The agent is first going to claim their commission. After all, they did their job, they got an unconditional contract. I'm really not certain that the contract was entirely unconditional though. I have had solicitors tell me that 1 day late...
  2. Peter_Tersteeg

    Subject to finance clause

    I'm not saying the solicitor is wrong, they've probably got a far better picture of the situation than you may be describing here. You should rely on your solicitors advice before anyone on this forum, but it doesn't hurt to challenge their statements. If necessary, get a second LEGAL opinion.
  3. Peter_Tersteeg

    Subject to finance clause

    My understanding is that in Victoria, if they haven't requested an extension of the finance clause by the due date, then it's assumed to be unconditional. If the subsequent sale doesn't proceed they loose their deposit. This does vary from state to state. There may also be a technicality...
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