Hi I am asking this question on behalf of friends who are too upset to address this themselves. They live in Qld and recently put in an offer for a house which was agreed by the seller and due to be unconditional on 8th June. My friends have received a phone call today from their conveyancers advising the sale has fallen through as the sellers now require a further $15,000 in order to proceed, this being the 10th of June and two days technically after the unconditional date, although the conveyancer's advised they were told this on the 8th June. My friends cannot afford the additional $15,000 so my question is this; my friends called the conveyancers at close of business on the 7th June and all was good to go - if the sellers then called the next day on the 8th of June to advise they want more money is this technically within the agreed timeframes i.e can they (the sellers) change their minds on the unconditional date? Also when a contract is deemed to go "unconditional" based on finance and buildings approval - can it also be because a seller wants more money on the eleventh hour? Sorry for all the questions my friends are real Aussie battlers with not much money and as this was to be their retirement home this has really upset them. Any help in terms of shedding light on the term "unconditional" would be very much appreciated and thanks in advance for your help.
What does "Unconditional"really mean?
- Thread starter Nina1963
- Start date
This is weird. If you confirmed the contract then it should be binding. I thought this was a situation where you didn't confirm the contract and you let the 8th pass by (which is how it works outside QLD), but this doesn't seem to be the case. Hopefully Darryl (RPI) can drop by and leave some thoughts...
Thanks jerrybee that's what I and my friends thought. Our understanding is that once a contract is "unconditional" and based on finance and buildings, then unless either finance or buildings fail then it should go ahead? My friends have got finance and obtained buildings approval so we can't understand why suddenly an additional $15k has been asked for and we are wondering is a seller can do this at the 11th hour if the amount was already agreed?
Probably got a better higher offer........
Can you get the wording of the contract regarding the expiry of the conditional offer period? It will likely come down to the wording there, and also if the conveyancers were notified, but they failed to pick that up when they were called.
The Y-man
Thanks The Y-man. Yeh I agree that's likely what happened ie the conveyancers forgot to tell my friends. I also agree I reckon they thought they'd get more money I doubt they received a better offer as the house has been on the market for 4 years and houses in that area take long to sell so I'm wondering if they are trying it on to squeeze more out can they do this legally given the above do you think?
in QLD if the terms of the contract aren't 'unconditional' by the appropriate date such as finance, the sellers can rescind the contract and sell it to someone else. It can be fairly brutal in QLD on this point.
It sounds like the finance date hadn't actually passed when the sellers asked for more money. I'm reasonably certain they can't do this. Your friends should start by talking to their conveyancer and a lawyer if necessary.
It sounds like the finance date hadn't actually passed when the sellers asked for more money. I'm reasonably certain they can't do this. Your friends should start by talking to their conveyancer and a lawyer if necessary.
Thanks Peter_Tersteeg I really appreciate your feedback. Just to clarify the unconditional date was 8th June and the sellers allegedly advised the Conveyancer on the 8th of June of the additional $15k requirement . Just to elaborate my friends have spoken to their conveyancer and he said it's all above board however my friends aren't sure if this is because the conveyancer has not followed it up with my friends on that day i.e. the 8th June - as opposed to today when he rang them. Please can you say why you think you're fairly certain the sellers can't do this? We're clutching at straws here Peter as you can imagine they are devastated so anything you can highlight re your thinking on this matter may give them a fighting chance form a legal perspective. This would be a great help and might help them to take it further like you say. Thanks again in advance Peter your help is really appreciated.
A contract is conditional if it has been entered into by both parties and is subject to conditions.
An unconditional contract is a contract without conditions.
In this situation was there a contract in the first place? contracts for land need to be in writing, signed by the parties, price included, property clearly identified etc.
An unconditional contract is a contract without conditions.
In this situation was there a contract in the first place? contracts for land need to be in writing, signed by the parties, price included, property clearly identified etc.
I think you are not understanding what 'unconditional' is. In the sentence above, it does not make sense to say 'unconditional' and 'subject to....' in the same sentence.
Id also be questioning the use of a Conveyancer and get an actual Solicitor involved.
pinkboy
Thanks for your reply Terry_w this is much appreciated. Apologies as it is how I worded this and you are correct there was a contract put into place, it's just that it went "unconditional" on the 8th of June - so I guess my heading should have technically stated "what does "conditional" really mean". To answer your question Terry yes a contract was in place with an agreed price, signed by all parties and the property clearly identified. it was subject to finance and building and was due to go "unconditional" on the 8th June - my friends were advised today by the conveyancer that it's all fallen through due to the sellers contacting them (the conveyancer) on the 8th June to advise they want more money i.e $15k more. As far as my friends were concerned the contract was agreed in terms of price, land, property etc. Hope this helps clarify and thanks again.
Sorry pinkboy you are correct I got my terminology mixed up as explained above to Terry. I agree re the Conveyancer however before my friends see a solicitor it would be good to know if legally they stand a chance with this. Appreciate your feedback.
This now plays to the Sellers hands as they may string your friends along and rescind anytime right up until 4.59pm on the day of settlement, looking for that extra $15,000+. If your friends are willing to pay the extra, then do so - if they are not willing, Id say the deposit is at risk and implications can occur if it does fall through and they cant find a buyer willing to pay your friends proposed purchase price.
Id be clarifying with Daryl above as this is his space.
pinkboy
Thanks pinkboy. I have advised my friends of Daryl's (RPI) offer of help and await them getting back accordingly. Fingers crossed this gets sorted as it's terrible that right up to the date it goes unconditional the sellers decide to ask for $15k more even though no one else has put in an offer. My friends offered to pay full asking price so it just seems mean for them to do this on the day it went unconditional - anyway let's see what happens and fingers crossed it gets sorted quickly. Thanks again for your help.
I agree Jamie M it's an incredibly generous offer! I have let my friends know and sent them a link tot he forum and this thread so it's up to them what they want to do. I've let them know the kind offer from RPI / Daryl is there and if it were me I'd be taking up his offer as it can't hurt to get everything lined up to weigh up any options. Anyway fingers crossed they get things sorted they deserve some good luck they are genuine, kind and good people which is why this has been so disheartening. Fingers crossed it all comes good for them. Thanks Jamie.
Unconditional. request.
At the beginning of this form a friend ask the Q what is unconditional mean.
She was asking on our behalf to see if she could help us out with a contract that we had on a house. We received a call from our Conveyance / Solicitor that first of we have to pay an extra 15k. And that the contract was not complete as the third party had not signed the contract. But we only find this out 2 days after the contract we thought we had came unconditional. Thank you to all on the Forum for your help. so if I may ask were do we go from here.
At the beginning of this form a friend ask the Q what is unconditional mean.
She was asking on our behalf to see if she could help us out with a contract that we had on a house. We received a call from our Conveyance / Solicitor that first of we have to pay an extra 15k. And that the contract was not complete as the third party had not signed the contract. But we only find this out 2 days after the contract we thought we had came unconditional. Thank you to all on the Forum for your help. so if I may ask were do we go from here.
