All Topics / Help Needed! / is the deposit refundable or what’s the process??

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  • Profile photo of hiphopsupamixhiphopsupamix
    Member
    @hiphopsupamix
    Join Date: 2004
    Post Count: 21

    My friend was interested in buying a unit. Put in an offer however after the real estate agent spoke to the owners he said they were asking for a higher offer.

    he suggested she sign the contract anyway to encourage the owners to sign….

    is this recommendable? what is your opinion on this matter

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

    I wouldn’t be too concerned -the REA idea is to tempt the vendor into just accepting the offer – A bird in the hand…”

    Certainly any deposit would be refundable if the offer isn’t accepted.

    Perhaps attach a cheque and advise the agent only to bank it if the offer is accepted?

    Let us know how it goes,

    Simon Macks
    Mortgage Broker
    http://www.mortgagehunter.com.au
    0425 228 985

    Todays Hot Rate
    3 year fixed – 6.57%

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

    Profile photo of hiphopsupamixhiphopsupamix
    Member
    @hiphopsupamix
    Join Date: 2004
    Post Count: 21

    If i put a deposit on a block/unit and in the 5 day cooling off period my solicitor discovers problems in the strata e.g. strata behind in payments or structural damage being repaired and cost will be approx $4000.00 do i get my deposit money back for changing my mind…..

    HELP

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

    What state are you buying in?

    Simon Macks
    Mortgage Broker
    http://www.mortgagehunter.com.au
    0425 228 985

    Todays Hot Rate
    3 year fixed – 6.57%

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

    Profile photo of hiphopsupamixhiphopsupamix
    Member
    @hiphopsupamix
    Join Date: 2004
    Post Count: 21

    new south wales

    thanks for your help by the way!

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

    I believe that if you “cool off” during the allowed period you pay a very small penalty.

    If you pull out due to a clause inserted by your solicitor the you pay nothing.

    Such a clause might be “Subject to a satisfactory report on the Owners Corporate by my solicitor”

    Your solicitor will know best what to write.

    Cheers,

    Simon Macks
    Mortgage Broker
    http://www.mortgagehunter.com.au
    0425 228 985

    Todays Hot Rate
    3 year fixed – 6.57%

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

    Profile photo of hiphopsupamixhiphopsupamix
    Member
    @hiphopsupamix
    Join Date: 2004
    Post Count: 21

    as a rough estimate how much would the very small penalty be if my deposit is $3500 if i was to pull out during this 5 day cooling off period

    thanks

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

    When you buy a property in NSW there is a five business-day cooling-off period after you exchange contracts. During this period you have the option to get out of the contract as long as you give written notice. The cooling-off period starts as soon as you exchange and ends at 5pm on the fifth business day.

    A cooling-off period does not apply if you buy a property at auction or exchange contracts on the same day as the auction after it is passed in.

    If you use your cooling-off rights and withdraw from the contract during the five business-day period, you will have to pay the seller 0.25% of the purchase price. This works out to be $250 for every $100,000.

    Cheers,

    Simon Macks
    Mortgage Broker
    http://www.mortgagehunter.com.au
    0425 228 985

    Todays Hot Rate
    3 year fixed – 6.57%

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

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

    Do not sign anything without first talking to a solicitor!

    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 hiphopsupamixhiphopsupamix
    Member
    @hiphopsupamix
    Join Date: 2004
    Post Count: 21

    thanks so much for your advice MortgageHunter!!!

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