Purchaser killing deal

Ok, on the back of other threads, of which a few know about.

I have purchasers agreeing to settle after weeks of stuffi9ng around, apparently put all the paperwork into settlement agency/conveyers, and now they send a letter yesterday stating that they no longer wish to purchase property.

This is after offer now unconditional (since 4 weeks ago), and settlement due at the latest tomorrow.

I have contacted my solicitor for advise and to take any action as necessary to ensure that these people abide by the contract and cough up the money.

This has been nothing but a huge stress.

Can they walk away from an unconditional offer, after agreeing to settle?

Opinions?
 
Hi Wealthyjay

Is the property in WA?
Have you got a signed offer and acceptance?
is it a REIWA one of one from the state publisher?

If the property is in WA, I am pretty sure that once it's unconditional they have no out. Also, there is no cooling off period in WA.

Have you got a copy of "joint form of general conditions for the sale of land"?
You should have received one when you purchase any prperty/land in perth. If you have, read it, it should give you any outs that the purchaser has.

If you haven't pop in to a REA and get one.
 
Yep. WA, got offer & acceptance, a REIWA one, all conditions met a long time ago thus now unconditional.

Far as I know they have no outs, but they are trying it on.

Am 3000K's away at the moment, but will try and get an online copy of document mentioned.
 
What is your solicitor saying about this. How much deposit have they paid? Your solicitor should be advising you of exactly where you stand.

How frustrating for you. Stick to your guns.

Wylie
 
Got a copy of the general conditions, and as far as I can tell they haven't got a legal leg to stand on ie you can't just decide not to purchase property if all conditions are met. Termination is available if property is damaged/destroyed/ seller misrepresented etc

Deposit was $5k, not freakin enough in my book.

Solicitor reckons its a joke. we have every right to enforce the contract and so we will.
 
I had a solicitor say to me once that this does happen.
People just change their mind. I was amazed, it had never dawned on me that someone would be so stupid. But there you have it ... it does happen.

Good Luck ... be interesting to see how it works out
 
Hi wealthyjay,

A lady was speaking about this very circumstance a few nights ago to a group of property investors, although it was the other way around, they were the buyers and the Seller refused to continue the deal after the contract went "unconditional".

Apparently he felt that, despite having signed the offer, the market had moved upwards since he had done so, and therefore refused to sign the Transfer of Land document as part of the settlement process.

Well, 2.5 years and well over $ 30K worth of solicitors fees which were unrecoverable finally saw the man out of his former house. They had to argy bargy over the price and the Seller did receive a higher price than what was on the contract.

None of the investors at the meeting had heard of such a thing, but apparently at the Supreme Court, the clerk was saying that there were more and more cases coming through that she'd seen whereby the property contracts were unconditional, but one party refused to settle.....for one reason or another.....and hence they were whingeing and moaning with one another.

Of course, she added that the worst protagonists in all of this were the people egged on by their solicitors who enjoyed dragging out proceedings over many years, and many tens or hundreds of thousands of dollars.

What's not mentioned of course is the truckload of stress and internal fighting amongst. The lady purchaser in this case mentioned that if she could wind the clock back she'd never have entered the contract and definitely wouldn't have pursued her "rights" under the contract.

IMO, be very very wary of glib advice that starts with something like, "Get your solicitor onto it, and show them what for".....it hardly ever resolves itself with threatening letters, and the road to resolution (known as WAR) is extremely long, painful and extremely costly.

As Noel Whittaker so sagely advised, avoid the Courts at all costs. The negative vortex sucks you in and does not allow your brain and thoughts to have any constructive investing plays while you are coping with such destructive actions.
 
Thanks Dazzling for that very sage advice. So true, and its a path that I will prefer not to go down.

Will see what happens today, and then we will decide how to proceed.

Cheers
 
Well, my solicitor is sending both the purchaser and the settlement agency a letter reminding them of the contractual abligations to proceed with the sale. Will see what the reponse is.

After Dazzlings post I am now fearful that they are going to dig their heels in and we will be heading down a rabbithole of litigation. Something I would prefer to avoid.

Its bizarre since these people were happy and their settlement agency had all the paperwork and their cheque ready to go. Fickleness seems to be their thing, however sticking to an agreement is not their forte.

Am quite frankly disgusted with the whole process, and I now have a Wife who is beyond angry (its my fault apparently). I do know that emotions like this can lead to very messysituations, so we shall proceed with all due caution.
 
Well, my solicitor is sending both the purchaser and the settlement agency a letter reminding them of the contractual abligations to proceed with the sale. Will see what the reponse is.

After Dazzlings post I am now fearful that they are going to dig their heels in and we will be heading down a rabbithole of litigation.

....and that's exactly how the vortex starts.

Good luck - it's now Nov 2007, and your wife and yourself are probably at wits end already and think it's the end of the line. It hasn't even started - trust me.

Let us know sometime in late 2010 how things are progressing with trying to force someone to do something they don't wish to do, and have vowed to resist you to the hilt.


From my experiences which are few and far between, I'd suggest you bypass your solicitor and their settlement agent. It's not common and certainly not recommended by experts :rolleyes:....but it is still possible to pick up the phone and speak to them in person. Better still, meet at a neutral cafe and sit down and chat with them face to face...without threatening....and follow your nose wherever it takes you.

If after looking you in the eye, they are adamant (whether that be unwilling or unable) they will not complete the transaction as agreed on paper and will legally fight you all the way, then I'd simply put the property back on the market and source another Buyer. Who knows, the market could be rising where you are and you might get someone who'll pay more. Stranger things have happened....:)
 
Sorry to add to your woes, but I think the sales agent has first dibs on the deposit too!


He will have one hell of a fight on his hands if thats the go.

Dazzling, am well aware of that, but I'm 3000K's away at the moment and have little option but to at least try the letter which is simply stating that these people abide by their contractual obligations. Now, if that does not help then I may well go with the idea of discussions with them to see if that can resolve matters. Failing all that, then back to the market it goes, and miracles may happen that I can get a similar pricing.

What ever happened to a "Mans Word" being good. I am guilty of this, but going back on ones word is possibly the worst form of betrayal.
 
What ever happened to a "Mans Word" being good.

It went right out the window along with his mates common sense, reasonableness, and their pals chivalry and truth.

You're swimming through the murky waters where snide, wily, cunning and ruthlessness live. The Lords ruling the waves now are those that have mastery of the Law....and more particularly exactly what you can "get away with".

Just ask yourself how many times in the past year have you witnessed someone do something that was absolutely dreadful or downright wrong, and then later heard them say "But you can't prove I did anything legally wrong".

Anyway....good luck with your sale. Cheerio.
 
Sorry to add to your woes, but I think the sales agent has first dibs on the deposit too!

I pretty sure that the REA has no rights on the deposit. They are only due payment when settlement is complete. Because until that time he/she has not sold anything.
 
Dazzling, not a truer word spoken :)

I think over the past two years I have seen numerous examples of absolute wrongdoing with absolutely no consideration for anything beyond themselves. I tell you its all been a very deep learning experience.

Celeste, thats what I believe is the case.
 
Lots of dodgy opinionated advice given here.

The correct protocol is to go via the agent who has sold the property.
The purchaser will probably have no desire to speak or meet with you.
Get the agent to find out exactly who the purchaser has changed their mind ?
The agent is earning a fee for the sale, make them work for it.

So is the settlement agent. Make them work for their fee as well.
They would be aware of what is required from a legal point of view to enforce the sale, etc.

I have been through a similar process that ended up in a dispute which resulted in an appointment at the Supreme Court.
Its not the big deal its made out to be. All very civilised. You are either represented by your lawyer or you represent yourself.
Its not a court hearing but a mediation session presided over by a magistrate.
He encourages both parties to negotiate and compromise if required, as if no agreement is reached then the next step is potentially very expensive and can take yrs to be heard in the court. Needless th say. most of these disputes are settled at the mediation session.
But I have to agree, that there are more and more cases coming before the courts.

We're getting 'sue' happy .... like that other 'great' nations of litigators.

BTW.. what is the exact nature of the sale ? as in do you have to sell, did you get a good price that you may not get if you go back to the market ?
If you could realistically get the same result, then is it possible to keep the deposit ( sale is unconditional right?) and try reselling into the market ?
Will at least teach the ex purchaser a lesson when they forfeit their deposit.

kp
 
Lots of dodgy opinionated advice given here.

Kev, is there any other kind on an internet forum board, including yours ?? A barrister could drive a truck through the holes of what you've just written.

The correct protocol is to go via the agent who has sold the property.

Why do you say that ?? Where is this 'protocol' written down ?? Why can't the Principal in the deal speak to people directly when his/her deal is under threat ?? Why do you feel it necessary to hide behind and talk through an agent ??

The purchaser will probably have no desire to speak or meet with you.

hahaha, the thread starter has mentioned not a jot about the Purchaser so far, and yet you seem to know about their desires...hmmm

Get the agent to find out exactly who the purchaser has changed their mind ?

Surely you mean why - not who. No doubt a simple typo. In any case - what will that achieve ?? If they've changed their mind, then how does that help the Seller complete the deal with an unwilling Purchaser ??

The agent is earning a fee for the sale, make them work for it.

Sounds great - how ??

So is the settlement agent. Make them work for their fee as well.

Ditto - with upwards of say 35 cases per month going through their books every month, how much attention do you really expect to receive for the +/- 1K of funds paid to the sett. agent. Maybe 5 hours of attention....that's it - good luck.

They would be aware of what is required from a legal point of view to enforce the sale, etc.

Maybe, but probably far less so than the top flight solicitor the Purchaser's are probably hiring to wriggle out of it.


Its not the big deal its made out to be. All very civilised.

There ya go...nothing to worry about then.

He encourages both parties to negotiate and compromise if required, as if no agreement is reached then the next step is potentially very expensive and can take yrs to be heard in the court.

Hang on, I thought you said previously it wasn't a big deal ?? Which one is it ?? Are you having an each way bet...It is assumed we are already at this stage. The Vendor wants his cash and the deal completed. The Purchaser wants to keep his cash and pay nothing and walk away from the deal. How do you propose to compromise and negotiate on this....they are either going to have to buy it or not....there's no middle ground.

Needless to say, most of these disputes are settled at the mediation session.
But I have to agree, that there are more and more cases coming before the courts.

We're getting 'sue' happy ....

Once again, an each way bet....which one is it ?? Are they mostly settled or are they mostly coming before the courts. You can't be sue happy and settling all at the same time.


Will at least teach the ex purchaser a lesson when they forfeit their deposit.

Your jumping the gun there kp....that's an "if", not a "when".
 
Punters involved in investing &/or business should print this out and tape it above the computer. 100% truth! Sad but true.

I used to come home and say 'Its a business out there!'

It went right out the window along with his mates common sense, reasonableness, and their pals chivalry and truth.

You're swimming through the murky waters where snide, wily, cunning and ruthlessness live. The Lords ruling the waves now are those that have mastery of the Law....and more particularly exactly what you can "get away with".

Just ask yourself how many times in the past year have you witnessed someone do something that was absolutely dreadful or downright wrong, and then later heard them say "But you can't prove I did anything legally wrong".

Anyway....good luck with your sale. Cheerio.
 
Seems a bun fight has started :)

Basically the nature of the sale is that beleieve we have a good price in a very limited market (unfinished house). I guess we may be pessimistic in believing we could not acheive a similar price if we put it back on the market, maybe or maybe not. So, we wish to hold on to the deal. There are a lot of emotions involved, and this is where the issues lie and where the risk of escalation lie also. Being in it its very hard to step back and assess the situation in the cold hard light of day.

Will know on Monday where we all stand, and then make a decision how deep we want to wade into these murky waters
 
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