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Your solicitor can advise you.
Without the reason why I don't think people can give their opinion.
I would think they have no way to get out of the sale. You need to get onto your solicitor immediately. If you don't have a solicitor, (ie. if you were planning on using a conveyancer), get one immediately.
I wonder at what point they didn't know what they were doing? When the contract was drawn up? When the place was advertised? When the inspections were being held? When the contracts were exchanged? They must have realised at some point that they were selling the place.
Hi havinago,
Sellers must be a havinago?
Cheers Spades.
Vendor escape clauses are few and far between. Insanity, death....
They have offered the house for sale on their terms, I assume that you didn't lob on their doorstep with a signed contract & deposit saying "I want to buy your house".
I had a buyer pull out after messing me about for 2 months and there was not a thing I could do about it.
She had been delaying the purchase for about for 2 months with extensions of the finance and B & P report. It took her 5 weeks to arrange the B & P. when it came in she wanted another 2 weeks to explore issues in B & P Report.
Eventually I refused. She had paid deposit of $10k on 7th April and was still trying to extend on 3rd July. Claiming she needed a builder to explore roof issues. I explained that it was under BC and any issues would be fixed by BC. She would not accept this.
She then said she was not continuing due to unsatisfactory building report...she had to have her deposit returned.
Apparently this is the way it works in Queensland. I got a second legal opinion who confirmed this was correct
According to the legal eagles I was told she could have withdrawn on settlement day if she was claiming unsatisfactory building report.
I found it very annoying, as did my Agent, he lost his commission and it cost me legal fees.
I might add the issue was roof screws...which the BC are replacing across the entire complex. The townhouse is very close to the beach and the sea air has affected them.
Chris
Vendor escape clauses are few and far between. Insanity, death....
Long and short of it.
Bought house 10 days ago.
.25% Deposit.
Contracts signed
Exchanged two days ago at end of cooling off period and 10% deposit done.
THE SELLER is NOW trying to pull out.
Where's this going to head?
She then said she was not continuing due to unsatisfactory building report...she had to have her deposit returned.
Apparently this is the way it works in Queensland. I got a second legal opinion who confirmed this was correct
2. Go to court and get an order to make them complete.