Vendor`s Solicitor Requesting 66W

Hi guys. Long time reader, and 1st time poster.

We have made an offer on a house over the past weekend and the offer was accepted on Sunday. We organised for the agent to come to our place Monday night to sign contracts, and give him the 0.25% deposit. All this was fine.

Come 2 hours before he was due to arrive, he called me on the phone and told me that he has just been speaking to the vendor`s solicitor who is apparently a bit of a hard woman and a "dragon." He said that the solicitor is requesting a "solicitor exchange" after the 7th Feb (the settlement date of my property being sold) and for me to sign a 66w(waiving of cooling off period). He explained to me the pros and cons of this of what usually occurs when a 66w is signed. He explained that this is very unsual for a vendor to request this, because up until the 7th, the purchaser (us) can walk away from the sale and the vendors have no way of compensation.

I told him that I`m concerned that the vendors could in fact be waiting for a better offer and there is a possibility that someone else could end up buying it and we`ve lost $$$`s after paying pest and building inspection fees etc. The agent, said that because this is an unusual situation, and that the vendor is requesting this and doesn`t want to lose the sale, he is willing to put on paper, signed and everything that their office is treating it as normal, keeping the property just for us, locking in the price and telling anyone else interested that the property is off the market and no longer available.

I`m quite good at detecting when someone is lying to me and I`m not detecting anything from the agent. We went and had another inspection last night with the agent present, and whilst my wife and I were out of sight and what they thought earshot, I heard the agent fully describing the situation to the vendors that they are doing a very risky move by going along with what their solicitor wants, but because they`re elderly ladies, they don`t fully seem to understand, and they are just agreeing with their solicitor. I don`t detect and greedy moves or malice by anyone, but I cannot think why oh why the solicitor would want this!

Does this situation seem normal to anyone else? Is it risky for me also in that I could go through all this process and still not have a house at the end of it? Should I trust the agent that he will no longer be showing anyone else through the property? Is there anything else I haven`t thought about which is screaming alarm bells with anyone??

Thank you
Neil
 
Then make the contract subject to your house settlement occurring and any other cnditons eg finance, pest, building and insist on an immediate exchange
 
What does your solicitor say?

Anytime the opposite party has a solicitor - especially a dragon - you need one too. Another dragon.
 
What does your lawyer say?

Edit: oops, opened the thread before Amadio posted. ;)

jrc's advice sounds solid, too, but I reiterate: get your own legal advice. :)
 
exchange subject to conditions usually is not tolerated in NSW

Unless u ar very sure on ur finance and what you are buying, and the vals willbe good I would tell them to go away ............fast

If you go through the .25 and exchange the property is OFF the market and you can not be gazumped.....

The .25 to the vendor is mostly adequate compensation if you walk.

ta
rolf
 
Neil

The cooling off period is for you to do your building and pest inspections and to get your finance sorted out.

If you are 200% certain that this property is the one you want and your finance is guaranteed then you can sign the 66W form but I don't believe that you can sign it without a solicitor.

You'll get your legal advice when you go an see him but this is a very unusual request and concerns me.
Is there something wrong with the building?
Has it got unapproved building work done?
I'd get the building and pest inspections done asap
 
If it will help put your mind to rest about the agent, get someone to call up and enquire about your place to see if the agent does tell them that it's off the market.
 
Smells fishy.

I would be offering to sign today with an extended cooling off till the 7th or withdrawing your offer now and advising you may return after the 7th if you don't find anything else.
 
I would be offering to sign today with an extended cooling off till the 7th or withdrawing your offer now and advising you may return after the 7th if you don't find anything else.

Agreed, however I would add a few days onto the 7th in case your settlement is delayed.

From memory there is mention on the 66w that you have had the opportunity to seek legal advice before signing.
 
So if I read this right, Rolf, using a "solicitor exchange" - which takes more time - opens the buyer to the possibility that the offer might be gazumped? For instance, the solicitor could go and make a slightly better offer to the elderly ladies?
 
So if I read this right, Rolf, using a "solicitor exchange" - which takes more time - opens the buyer to the possibility that the offer might be gazumped? For instance, the solicitor could go and make a slightly better offer to the elderly ladies?

Your offer can be gazumped up until the point when your copy of the contract is swapped with the vendors, no matter which method is used.

Technically yes, your solicitor could decide to buy the property before exchanging your contract, however I don't think is a situation that you need to worry about!
 
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