All Topics / Legal & Accounting / Initial deposit cheques

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  • Profile photo of lopethalopetha
    Participant
    @lopetha
    Join Date: 2007
    Post Count: 82

    Hi all,

    Just wondering if someone can confirm if it is a law that all initial deposit cheques given to agents when placing an offer for a property have to be banked regardless of whether the offer is accepted or not?

    Thanks in advance.

    Profile photo of god_of_moneygod_of_money
    Participant
    @god_of_money
    Join Date: 2008
    Post Count: 970

    Yes.. in their trust account I believe

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    Agents are required by law to bank any money recieved by the close of the next business day. They must also provide you with a numbered receipt stating what the money is for, the date, the amount paid and by whom. This does give rise to an issue if you want to get the money back/withdraw the offer/offer is not accepted as the agent can only draw a cheque on cleared funds.

    Profile photo of lopethalopetha
    Participant
    @lopetha
    Join Date: 2007
    Post Count: 82
    Profile photo of LinarLinar
    Member
    @linar
    Join Date: 2004
    Post Count: 567

    Hi there

    Just wondering why you are enclosing a deposit cheque with an offer.  Deposits aren't payable until there is a binding contract and, depending on the state, cooling off has expired.

    Cheers

    K

    Profile photo of lopethalopetha
    Participant
    @lopetha
    Join Date: 2007
    Post Count: 82

    Not sure about other states but generally in Victoria you put down a small deposit of a few hundred dollars or so when putting in an offer. If accepted, then the remainder of the deposit is due whether it be 5% or 10% of the sale price as agreed with the vendor usually a week or 2 after contract signing.

Viewing 6 posts - 1 through 6 (of 6 total)

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