Setting a condition before auction

[Paul j F]

I want to set the condition of vacant possession before bidding at auction. I have been told verbally by REA that will be the case but its not in the contract. I have asked for written confirmation that if I am successful bidder that condition will be accepted. There is apparently no lease agreement as the tenant is a family member.

Firstly if I have written confirmation that the condition will be added to the contract and its not can I walk away even if I am highest bidder?

Secondly if vacant possession is agreed to and added into contract I'm assuming that I can delay or not settle at all if the tenant is not out before settlement date.

 

[Propertunity]

Firstly if I have written confirmation that the condition will be added to the contract and its not.....

written confirmation = it is added to the contract.

....can I walk away even if I am highest bidder?

No

Secondly if vacant possession is agreed to and added into contract I'm assuming that I can delay or not settle at all if the tenant is not out before settlement date.

Delay until vacant possession is granted - yes.

 

[sanj]

In WA it is assumed that a purchase will be vacant possession unless stated in the contract (or in this case auction conditions), i assume it would be the same case here surely.

 

[thepeoplesagent]

All they need to do is tick the “vacant possession” box on the front page of the contract. There shouldn’t be any issue.