Appreciate any feedback or view that can be offered.
We put our Melbourne home on the market in Feb of this year and achieved a sale in May. The purchaser paid an initial $1400.00 against the contract with an agreed purchase price and 10% deposit required subsequent to a pest inspection. The inspection was completed and passed and also the 3 business days cooling off period making the contract unconditional with a 90 day settlement.
Accepting a significant number of excuses from the purchaser, the estate agent, our conveyancer and the purchasers conveyancer did not collect the 10% deposit and it was not until 41 days after the signing of the contract that we were advised that we could issue a notice of default and make claim to interest on the missing deposit money.
The purchaser continued to make excuses for conditions that restricted them from not being able to pay the deposit including a death in the family, term deposits waiting to mature, waiting on a property settlement after a divorce and may others, none of which turned out to be true.
To cut a long story short, at around the 80 day mark, it was finally learned that the purchaser had no money, never intended to pay the deposit, never intended to purchase in the first place and had conned a colleague into providing the original $1400.00. A scam that has all but ruined our lives, put us back on the market, not able to get the original price, commited to a new purchase of land, paying additional interest on two properities, two sets of rates etc. etc. etc. We understand thay have done this a number of times in Melbourne.
As the purchaser has no money, there is little point into taking legal action against them. We did put them on TV on ACA but apart from that exposure, they get off scott free.
Does anyone have any similar experience and what were your actions.
Can we take any action against the estate agent and/or conveyaners for lack of due diligence and protecting our interests?
Appreciate any input that may be out there.
We put our Melbourne home on the market in Feb of this year and achieved a sale in May. The purchaser paid an initial $1400.00 against the contract with an agreed purchase price and 10% deposit required subsequent to a pest inspection. The inspection was completed and passed and also the 3 business days cooling off period making the contract unconditional with a 90 day settlement.
Accepting a significant number of excuses from the purchaser, the estate agent, our conveyancer and the purchasers conveyancer did not collect the 10% deposit and it was not until 41 days after the signing of the contract that we were advised that we could issue a notice of default and make claim to interest on the missing deposit money.
The purchaser continued to make excuses for conditions that restricted them from not being able to pay the deposit including a death in the family, term deposits waiting to mature, waiting on a property settlement after a divorce and may others, none of which turned out to be true.
To cut a long story short, at around the 80 day mark, it was finally learned that the purchaser had no money, never intended to pay the deposit, never intended to purchase in the first place and had conned a colleague into providing the original $1400.00. A scam that has all but ruined our lives, put us back on the market, not able to get the original price, commited to a new purchase of land, paying additional interest on two properities, two sets of rates etc. etc. etc. We understand thay have done this a number of times in Melbourne.
As the purchaser has no money, there is little point into taking legal action against them. We did put them on TV on ACA but apart from that exposure, they get off scott free.
Does anyone have any similar experience and what were your actions.
Can we take any action against the estate agent and/or conveyaners for lack of due diligence and protecting our interests?
Appreciate any input that may be out there.