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I thought not, as the REA was the only one to have received (via email) jodes92 's intention not to proceed. ;)

Unlikely, clients can't have assumed legal knowledge, otherwise why do you need a soli? They tried - didn't they? If after 5:00pm is when they tried, then they are at fault on this issue IMO. Change soli's next time around. Tell them you are not happy as they failed in their 'duty of care' to...

Ah, he/she is not YOUR agent at all. They are the vendor's agent. They are required to answer you truthfully, but only if you ask the right Q.

They will only be sueing you for the payment of the 10% as you are (it seems), unconditional. As soon as you pay that, the action should cease, as long as you proceed to settlement.

The bottom line is, that when your solicitor was unable to contact you for your instructions as the cooling off deadline was fast approaching, he/she should have: 1. Immediately, applied by fax to the vendor's solicitor for an extension of the cooling off period (it may not have been granted...

No jodes92, I say that, to proceed with the purchase. Even if you do not proceed, you still have to pay up the 10% (if indeed you are unconditional at this point) and on top of that you are still open to be sued for any price reduction that they may have to accept on sale to someone else +...

Take the front page of the contract down to your mortgage broker and formally apply for the loan (if your solicitor advises that you are now exchanged unconditionally) and write a cheque for the 10% deposit :(

I've said it before, 'hope' is not a strategy. That may work but only where the contract says that email is an acceptable service provision in the contract (which it may not). Nope, that won't fly. Nope, that won't fly either. It just means that you are in breach and must pay before...