Hi,
Last wed.day I sign a contract after accepting my offer, for my first property in victoria. I received copy of contract after owner's by email thursday morning and by mail Friday. My cooling-off periods ends on Monday 5pm.
But today only i found from Local Council Pools doesn't have any permit. So i Immediately contact agent and check he trying to explain first that's not issue…bla..bla… then I ask him to check with owners, he come up say owners have to consult with solicitor (why???) and happen only Monday. so they will talk to me Monday. Then I immediately hold my building and termite inspection.
I planned to ask agent we can include aditional condition that owners liability for getting permission before final settlement. As far as I checked with Building surveyors they will charge 1200 for this processes(all ready have 1m fence with gate), if everything fine. Unfortunately from 2pm I not able to contact agent. He didnt responds to my 2 calls and sms.
My question is
1) is it possible to include additional condition after sign contract during the cooling-off periods?
2) is it legally ok for agent or property owner to sell something without permit?
3) in section 32 mention about pool safety barrier that comply with standard. is it they hide something intentionally not mentioning much more about pool? (In advertisement they included pool as a feature)
Please advice me or share similar experience….
Cheers
Cancel the contract – then read it – and make a new offer after getting advice from your solicitor.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Thanks Terryw,
There is concern, If i cancel the contract, is it I am loosing deposit money of $500? My initial understanding, during the cooling- off period cancel agent needs to return money.
But when check the REIV( Real Estate Institute of Victoria) its state "your are entitle to refund all the money paid EXCEPT $100 or 0.2% of purchase price"
Can you please able to clarify?
Terry can confirm but the owner and agent are required by law to disclose anything and everything that is material to the sale. Any component of the property be it the house, out buildings, pools, verandas etc etc that have been constructed without council approval IE a permit effectively renders any contract null and void.
I will check this out but my understanding is that a pool must be fenced in Victoria especially in Victoria
Now what you need to do is contact your solicitor and get he or she to handle things from here. That way everything is documented from this point on. If it ends in court then you have a record by your solicitor. Otherwise its just I said this and they said that.
If you have queries always do it through your solicitor not yourself.
Nigel Kibel | Property Know How
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Thanks Nigel,
Yes pool have a fence. My concern is if solicitor also advice to pull out from contract, the I will lose $500 + I have to pay solicitor as well! If owner agrees to they will take responsibility for getting permit, then definitely I have to hand it over this matter to solicitor to deal.
Cheers
If a contract is terminated in this way, it is treated as never having existed, they have to give you your deposit back.
RPI | Certus Legal Group / PRO Town Planners
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Freckle wrote:Terry can confirm but the owner and agent are required by law to disclose anything and everything that is material to the sale. Any component of the property be it the house, out buildings, pools, verandas etc etc that have been constructed without council approval IE a permit effectively renders any contract null and void.Not necessarily in NSW. If the thing that is not disclosed is known by the other party then they can rescind the contract in x days, but if they chose not to, or until they do it would be binding.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Thanks Terryw.
I belief this applicable to Victoria as well as per advice received by person who went through similar situation.
Thanks mate, its sound good.
What do you mean "in this way".
In NSW if you pull out you lose your .25%.
Best to lose your deposit than have to fork out thousands getting it to comply (or have to rip it out because it doesn't).
Sounds like they are avoiding your calls etc. Probably a reason for that.
You don't necessarily have to lose your 0.25%.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Once again thank you all for your help. As per my solicitor advice agent include special condition, that is owner's have to get permit for pool within 4 weeks. Otherwise I can terminate the contract.
I told agent if owner not agrees I will terminate the contract. but agent not take it as serious. I went to agent office with termination letter. Once again agent trying to convince me and explaining I will loose the deposit ect..ect.. After I give to him termination of contract he make so many calls and i saw panic in his face.
Finally I able to put what ever wording my solicitor wants to put in the contract.
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