All Topics / Help Needed! / Cooling off period

Viewing 7 posts - 1 through 7 (of 7 total)
  • Profile photo of kris07kris07
    Participant
    @kris07
    Join Date: 2007
    Post Count: 101

    Hi everyone!

    Just wondering if the cooling off period is available if contracts are signed on the day BEFORE the auction?

    Any info would be appreciated

    Thanks in advance

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Kris

    Not sure which State you are in but i am sure most would be the same.

    If the property is going to auction then most sellers would want the cooling off period to have expired prior to the day of the auction especially if this is a weekend.

    Otherwise there is nothing to stop you withdrawing under the cooling off period and they find they had missed the opportunity of selling the property on the day of the auction.

    Richard Taylor | Australia's leading private lender

    Profile photo of benofbrisbanebenofbrisbane
    Participant
    @benofbrisbane
    Join Date: 2007
    Post Count: 62

    Hi Kris,

    If you are in Qld then any contract signed before auction should just be a normal REIQ contract with a PAMD form outlining the cooling off period provisions attached.

    Ben

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Ben

    Unlikely though that any Vendor would sign it if it was less than 5 business days to the Auction and would expect you to waive the Cooling offer period.

    Richard Taylor | Australia's leading private lender

    Profile photo of kris07kris07
    Participant
    @kris07
    Join Date: 2007
    Post Count: 101

    Sorry i should have mentioned i'm inVictoria

    Profile photo of LinarLinar
    Member
    @linar
    Join Date: 2004
    Post Count: 567

    I'm with everyone else.  Unless you have actually purchased at auction, it would be a standard contract with the normal cooling off period.  However, I cannot fathom that a vendor would accept an offer with a cooling off period only one day before an auction and risk the contract falling through simply because the purchaser decides not to proceed.  If the vendor did accept an offer the day before auction and wanted the cooling off period waived, that would have to be specifically pointed out the the purchaser and I expect that the purchaser would have to specifically waive his or her rights to the cooling off period. 

    The cooling off period pertains only to the purchaser.  It does not pertain to the vendor for him or her to waive.  The period can only be waived at the purchaser's request.  I guess what I am trying to say is that a waiver of the cooling off period couldn't just "slip through the purchaser's net".

    Cheers

    K

    Profile photo of kris07kris07
    Participant
    @kris07
    Join Date: 2007
    Post Count: 101

    Thanks for your responses guys, especially Linar I think you've summed it up quite well.

    My situation:

    I submitted an offer yesterday morning which was rejected by the vendor yesterday afternoon. Miraculously the agent called today and said they would accept the offer. The offer expired 5pm yesterday, therefore I submitted an amended offer (lower price, shorter settlement) which expires tomorrow morning. So we'll wait and see.

Viewing 7 posts - 1 through 7 (of 7 total)

You must be logged in to reply to this topic. If you don't have an account, you can register here.