How to word a sunset clause?! (urgent)

Hi everyone,

Can someone please help with the legal wording of a sunset clause?

For example: "This offer expires at 5pm on xx date. If the sellers have not responded in writing by this time, the full deposit shall be returned to the offerer and the offer is declared withdrawn."

I want to put in an offer tomorrow, but was unable to get help from my conveyancer today (the principal was unavailable or something) and didn't have time to phone around for another one...

So, I'd like to put in a sunset clause, but not sure how to word it. Obviously I should seek legal advice etc. but as that's not possible yet, I'd be really grateful if one you could let me know what you put on your contract.
 
Hi everyone,

Can someone please help with the legal wording of a sunset clause?

For example: "This offer expires at 5pm on xx dateunless withdrawn earlier. If the sellers have not accepted in writing by this time, the full deposit shall be returned to the offerer and the offer is declared withdrawn."

I want to put in an offer tomorrow, but was unable to get help from my conveyancer today (the principal was unavailable or something) and didn't have time to phone around for another one...

So, I'd like to put in a sunset clause, but not sure how to word it. Obviously I should seek legal advice etc. but as that's not possible yet, I'd be really grateful if one you could let me know what you put on your contract.

Normally a sunset clause refers to a way out of an uncertain timed contract- ie: where my purchase is subject to a slae. If not sold and settled by 1st July either party can terminate the contract.
 
I use similiar wording to what you said only I don't like to use the end of the day because so often documents can't get delivered once offices are closed. I have used 12 noon or 4 pm, depending on when I submit the offer.

Hope this helps in your urgent situation - but I'm no lawyer. Good luck.
 
We used this on our last transaction when dealing with a particularly difficult Vendor ;


I've put a bunch of my cash on the table. You've got until high noon to snatch it off the table, otherwise I'll snatch it back, and you can shove your title deed up where the sun don't shine. Now stop stuffing around, get off yer pot and make a decision.
 
Both Peter.....if that's possible.

They ignored my bluff, but then 4 days later a nice email arrived with their signed acceptance of the offer.

We got a screaming bargain, and they got our cash.

Bottom line - after 4 months of researching the place, I wasn't so childish to walk away and start again. The Vendor was worth over 4 billion, so I didn't have much stroke against them. We both got what we wanted in the end.
 
Thanks for the help and quick replies. In the end they got back to me within a few hours anyway (you can tell it's a buyer's market up here, plus they've had no offers in over 2 months!). They only budged 5k though (while I need more like 20k), but in any case my next offer will be my last and then they'll either accept it... or they won't and I keep looking.
At the worst I've had some good practice at making my first offer.
This property-buying stuff is fun!
 
We used a sunset cause in the QLD property purchase, there were a number of other interested parties so we went in hard and fast, allowing for some variances in the offer that we hoped would also win the seller over when looking at all offers

i.e. what would make our offer stand out, but also benefit us

Purchased at $234k in early 2007 and valued at $360k early 2010
 
Thanks for the help and quick replies. In the end they got back to me within a few hours anyway (you can tell it's a buyer's market up here, plus they've had no offers in over 2 months!). They only budged 5k though (while I need more like 20k), but in any case my next offer will be my last and then they'll either accept it... or they won't and I keep looking.
At the worst I've had some good practice at making my first offer.
This property-buying stuff is fun!

As you said, it's a buyers market and they haven't had an offer in over 2 months. Don't offer more. Hold your ground and wait for them to come whimpering back to you!
 
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