Only if it goes to court. Most buyers would give in before that because of the costs involved.
Seller trying to pull out
- Thread starter havinago
- Start date
Only if it goes to court. Most buyers would give in before that because of the costs involved.
That's what they're relying on to try and pull out of the contract?
Falls pretty far short of something that actually means anything in contract law.
Sure, but as I'm sure you know much better than I do, what's havinago's alternative?
Isn't getting an order for specific performance pretty expensive and protracted?
Alternatively, if havinago claims they're in breach and wants damages, what damages could (s)he quantify?
Strategically, if that was the crap I got from the other side in negotiations, then I would be advising my client to send back a pretty aggressive letter back.
If anything, a letter like that weakens the vendor's case because its so rubbish - and I would point that out, among other things.
The costs to go to court swing both ways, and in our civil system the loser generally has to pay most of the legal costs of the winner.
OK, so you're not necessarily saying that it's worth taking it "all the way" and litigating for a specific performance order, just that the vendor's position is so weak that it's certainly worth sending some sternly worded letters reminding them of their requirement to comply with their contractual obligations, right? Fair call!
Sounds sensible .
I'd say that many people would suffer from stress and anxiety while selling a house . If it was a letter from a psychiatrist saying the person was suffering from mania due to bipolar disorder it's a different situation , but as a GP , it's pretty easy to get a letter from a GP saying they are suffering from stress and anxiety .
Did the letter make any specific reference along the lines of " they are suffering from XYZ and as a result of their condition I am of they opinion they are medically incompetent to manage their financial affairs "
I've written many letter saying people are suffering from stress ( not actually a medical diagnosis btw ) and anxiety , but I can't recall doing the other . It's a big difference and , while not a lawyer , I would imagine that courts wouldn't pay much attention to a simple diagnosis without a reference to the consequences of that diagnosis.
I'd send a letter back sympathising with the fact they are suffering from stress and anxiety and you understand that selling a house can be a stressfull situation , however they have signed a legal contract etc ...
We let a tenant break a lease when they supplied a letter requesting that from the local mental health team as they were suffering for severe depression and wanted to move closer to their family . We thought that was reasonable .
Cliff
If it were a criminal matter (rather than being in the civil jurisdiction) S32 of the NSW crimes act would provide for the defendant. But they would still have to convince the magistrate that they were a few sandwiches short of a picnic.
'Suffering from stress and acute anxiety related to the sale of their property'
I think I should go see my GP put on a bit of a Baden-Clay and get myself a lil letter stating im 'Suffering from Stress and Anxiety caused by the Vendors inability to follow through with the sale' see how they both stand up in court.
Far out.... how hard is it to sell your house.
And people think that real estate salespeople are dudders!!
How about the poor agent claiming for expenses as well.
What a damn time waster. Unbelievable.
We had one vendor attempt this 5 years ago.
We told him either sell, or we'll see you in court.
They gave us a deadline of 1.5 days to complete the paperwork, which they didn't think could be done...we still have 90 minutes to spare.
That property purchase was the property that allowed me to retire..it was so CF+
Stupid vendor
We told him either sell, or we'll see you in court.
They gave us a deadline of 1.5 days to complete the paperwork, which they didn't think could be done...we still have 90 minutes to spare.
That property purchase was the property that allowed me to retire..it was so CF+
Stupid vendor
The more I think about this. The more I think it could be worth fighting.
Why don't we put forward the Pros and Cons about fighting this case.
I'll start it with.
1) At which point of the sale you didn't realise what you were doing?
We had one vendor attempt this 5 years ago.
We told him either sell, or we'll see you in court.
They gave us a deadline of 1.5 days to complete the paperwork, which they didn't think could be done...we still have 90 minutes to spare.
That property purchase was the property that allowed me to retire..it was so CF+
Stupid vendor
That's GOLD!!!
But giving you 1.5days to complete is a little inadequate. haha
Just no. If you're actually serious about this then get a lawyer.
DIY dispute resolution is not the way to go if you have no idea what you're doing.
Agree, realised that when I did some Case research.
But always good to hear what the general public has to say.
Remember the 'Court of Public Opinion' counts for a little bit.
Morally, I'm sure most people here think the vendor here is in the wrong.
But morals have nothing to do with the relative strengths and weaknesses of a vendor's ability to rescind or terminate a sale contract. Its a complex and technical area of contract and property law.
Apart from the substantive law itself, litigation and negotiation strategies should be best left to the professionals lest you do something that doesn't actually help your case.
Case in point - I bet the seller thought it was a good idea to send you that letter about their GP diagnosis.
The key thing for me is the letter says the problem is related to the sale . It doesn't say they have a problem at other time .
We're about ( hopefully ) sell our house and however many time you buy and sell property , when it comes to your house it's stressful and can cause anxiety .
I'd stand firm . Look at a letter from your lawyer. Shows you mean business .
Cliff
We're about ( hopefully ) sell our house and however many time you buy and sell property , when it comes to your house it's stressful and can cause anxiety .
I'd stand firm . Look at a letter from your lawyer. Shows you mean business .
Cliff
Speaking of morals...
I had a work colleague recently purchase his first house and asked me to check the offer he put in (which was accepted). On the inclusions with the property was 21x spilt system air con. YES written into the contract was TWENTY-ONE air con. He didn't notice it when he sign and I asked if he would demand the 21 units he said it is clearly a typo as it has 2 but the REA must of hit both 2 and 1 together and didn't check.
Legally he could ask for the 21 units but morally, hmm what would you do?
I said he should at least mention it and ask the REA to see how much they squirm but I don't know if I could go all the way with asking for the additional 19 units to be delivered at settlement.
Don't know. But I'm wondering why split systems would be written into the contract in the first place. They are fixtures so have to remain with the property.
Totally agreed why put more detail than was required, could be a costly mistake.
