How to Utilise Sunset Clause

Hi All,

Hoping someone can guide me in the right direction here.

I have purchased an apartment off the plan where construction has drawn out considerably... For a few reason I have decided I will utilise the sunset clause available to me at the end of June in to rescind on the contract.

I have a few issues. Firstly the real estate agent that sold the property is borderline impossible to contact. He also works for a smaller firm where they do not have a specific premises so cannot meet him face to face to deliver a letter stating I want to pull out. Never answers phone or email.

He has elected a conveyancer which has sent out some documentation for signing to me and other buyers to sign in order to push out the sunset clause (obviously chosing not to sign this). Would it be possible for me to simply notify them in writing once the sunset clause date has passed as opposed to the agent?

If not, does anyone have any recommendations?

Thank you in advance for your help.
 
Nothing to do with the agent really. You notify the vendor and they will notify the agent to return the deposit (if held by the agent in their trust account).

Get legal advice first.
 
Hi Terry,

Thanks for that. I should probably also mention the real estate agent is acting on behalf of the vendor... essentially the vendor is a development company he is also a director of... That is where the difficulty lies as he is impossible to contact.

More than happy to get legal advice, can you recommend anyone in Adelaide?

Thanks.
 
The vendor would probably have a solicitor who would be acting for them. Otherwise do a company search and serve notice on the registered office. Sorry don't know any SA lawyers.
 
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