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  • Profile photo of fulloutfullout
    Member
    @fullout
    Join Date: 2003
    Post Count: 233

    if there is a 3 day cooling off period of say 3 days… does that include sunday as well??

    ALSO, say if a deal was accepted on saturday, is saturday DAY 1 or Sunday DAY 1?

    Profile photo of Kirby319Kirby319
    Member
    @kirby319
    Join Date: 2003
    Post Count: 120

    My belief is as follows:

    – Sunday does count as a day.

    – Sunday would be day 1. Therefore, you have til Tuesday to pull out.

    Profile photo of RitaSt.RitaSt.
    Member
    @ritast.
    Join Date: 2003
    Post Count: 28

    Hi Fullout,
    We just bought in Qld. on a Friday, and had a 5 day cooling off period. Day one was Monday and day 5 was 5pm on the following Friday. RE told us this and I also checked this with our solicitor.

    Remember cooling off doesn’t mean you can just change your mind. If you do you will still have to pay 0.25% of the purchase price.

    You can however get around this by putting a “due diligence to the buyers satisfaction” clause on your RE contract for say 8 days.

    However the contracts in NSW are handled differently to Qld… I think through a solicitor.

    Maybe someone can run through this please??????

    It differs in each state I believe.
    Hope this helps

    Rita [:)]

    Profile photo of fulloutfullout
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    @fullout
    Join Date: 2003
    Post Count: 233

    hmm, also, cooling off period, does that start from when u sign the Section 32, or when the offer is accepted??

    Profile photo of bcbc
    Participant
    @bc
    Join Date: 2003
    Post Count: 85

    Fullout, in NSW from exchange of contracts.

    BC

    Profile photo of Most excellentMost excellent
    Member
    @most-excellent
    Join Date: 2003
    Post Count: 100

    It’s to make you think about the questions , ” have I just made a rushed decision “, “am I TOTALLY comfortable with what I’ve just SIGNED” & my favourite : ” Gee I better read the contract IN FULL ” !!![:O]

    MIchael
    “just be”

    Profile photo of Mortgage HunterMortgage Hunter
    Participant
    @mortgage-hunter
    Join Date: 2003
    Post Count: 3,781

    In NSW offers are made verbally and accepted verbally. Once a price is agreed on then the two conveyancers/solicitors will get together and write up the contract satisfactory to both parties. When this contract has been signed by both parties it then becomes legal. Up to this point a vendor may accept other offers and a buyer may make offers on other properties secure in the knowledge he can walk away with no fee other than his solicitors time.

    Once signed the contract is binding on the vendor and the buyer has a cooling off period. If the buyer withdraws there is a small penalty unless he has a reason covered by a clause such as building inspection, finance etc.

    Hope this helps.

    Simon Macks
    Mortgage Hunter
    [email protected]
    0425 228 985

    Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.

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