All Topics / Help Needed! / Urgent Help needed?

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  • Profile photo of viralkviralk
    Member
    @viralk
    Join Date: 2003
    Post Count: 65

    Hello! Me and my girlfriend are very nervous at the moment, very upset. We put an offer on one of the house and it was a “good deal”. The agent faxed us the contract on last Wednesday and because there was some complications we wanted our solicitor to look at but couldn’t get hold of him till today morning. We were communicating to the seller that we are going to sign but we just wanted to double check of what we signing. But the seller have sold his property to someone on the week end…Can we do anything about this?

    Profile photo of emcdonaldemcdonald
    Member
    @emcdonald
    Join Date: 2004
    Post Count: 162

    hi viralk,

    sounds like the owners were just looking after their own interests. am i right in assuming that you hadn’t submitted the written offer to the agent or owner before the weekend?
    were you and your partner made aware that there were other parties showing interest in purchasing the property?

    e x

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    There’s nothing you can really do about this. It is just unfortunate that it occured this way. The sale is not secure until contracts are exchanged.

    Maybe you can contact the owner directly, bipassing the agent, with your offer – the other party may not have exchanged.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of geogeo
    Member
    @geo
    Join Date: 2003
    Post Count: 1,194

    If you submitted the offer in writing and the vendor accepted it, they are not entitled to offer the property to anyone else since you have the right to it. They can offer the property to someone else once your two week ‘due diligence’ time is up – that is once you have the contract checked over by your solicitor, you have the building inspection done and your finance approved.

    kind regards,
    George.

    I’ve found a way to help you save and earn whilst not selling or delivering any product. If interested, drop me an email or PM me to find out how

    Profile photo of viralkviralk
    Member
    @viralk
    Join Date: 2003
    Post Count: 65

    Thank you everyone. Now question for Geo…

    if you have put an offer in writing to the agent, how would you get the confirmation from the vendor about his acceptace of the offer without offcially exchanging the contract?

    Sincerely,
    Viral

    Profile photo of geogeo
    Member
    @geo
    Join Date: 2003
    Post Count: 1,194

    Hi Viral,

    Once you submit the offer, if the vendor accepts it, only then will the agent fax you a copy of the contract in order for you to forward it to your solicitor. Agents don’t send out contracts just to anyone who say their interested – only true interested people who submit an offer.

    Technically, if you have a copy of the contract, it means that you have sumbitted an offer and it has been accepted.

    Either way, I would take this matter up with your solicitors as Im not in a position to give you legal advice. I can only advise from my experience and from the knowledge I know.

    Kind Regards,
    George.

    I’ve found a way to help you save and earn whilst not selling or delivering any product. If interested, drop me an email or PM me to find out how

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