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Viewing 14 posts - 1 through 14 (of 14 total)
  • Profile photo of daniel vicdaniel vic
    Participant
    @daniel-vic
    Join Date: 2013
    Post Count: 120

    hi there all   i know this might sound stupid but if ive signed a contract for a deal and settlement is taking longer then expected and the area is going for a down hill slide what would i need to get out of a contract i know i can if the developers take longer the 18months what else would be writing in the contract would you expect ? i am new to this and am feeling really not compfterble with the deal i have haven through a buyers agent iam doing my own research and looking for ways out and move on i think any info would be so helpfull thanks alot daniel

    mattnz
    Participant
    @mattnz
    Join Date: 2007
    Post Count: 574

    So is there a sunset clause that is for 18 months?

    Profile photo of daniel vicdaniel vic
    Participant
    @daniel-vic
    Join Date: 2013
    Post Count: 120

    With a sunset clause is that on the developers side of things or mine ?

    Profile photo of Reno101Reno101
    Participant
    @reno101
    Join Date: 2013
    Post Count: 26

    Hi Daniel , did they give you an exact settlement date ? Look into a sunset clause , and or any non delivering of end product , ie  body corporate items , do you have a solicitor who can look into the fine print 

    Profile photo of daniel vicdaniel vic
    Participant
    @daniel-vic
    Join Date: 2013
    Post Count: 120

    Yes I do have one I will be in contact with them and see what they say thsnks mate 

    Profile photo of Josh AthertonJosh Atherton
    Member
    @josh-atherton
    Join Date: 2011
    Post Count: 269

    Daniel, 

    your solicitor will be the best for this. Sometimes a breach of contract can be found on very minor technicalities when issuing the contract for example. However 18 months later it can be hard. 

    OTP contracts are generally executed fairly well as developers dont want buyers to be able to change their mind half way through. the sunset clause applies for both parties. If they have gone past the date then could have an out fairly easily

    Good luck

    Profile photo of Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069

    Hi Daniel

    I agree with Josh on this – the best person to seek advice from is your solicitor. Unfortunately most OTP contracts are water tight and very difficult to get out of – hopefully they can discover a way.

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
    Email Me | Phone Me

    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,173

    Often there are sunset clauses which allow either party to rescind in something, such as registration of strata plan, isn't done by a certain date. I successfully got out of a long off the plan contract in VIC many years ago because they were so slow and prices had not increased – probably dropped.

    Talk to your lawyer asap.

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

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of vagirl2012vagirl2012
    Participant
    @vagirl2012
    Join Date: 2012
    Post Count: 47

    Def see your lawyer as soon as possible.  You will need someone to go through the contract with a fine tooth comb.  Good luck.

    Profile photo of rhino101rhino101
    Participant
    @rhino101
    Join Date: 2008
    Post Count: 31

    If you're talking about your Gladstone place, despite the current drop, it is still a booming town with plenty of diverse long term industry and the property market will balance itself back out in time. If you end up not being able to pull out, the place should still be a reasonably stable long term investment, the gains just might not be as quick as initially hoped for.

    BTW – they seen to be moving again in Oasis – 7 or 8 houses now up.

    Cheers

    Ryan

    Profile photo of daniel vicdaniel vic
    Participant
    @daniel-vic
    Join Date: 2013
    Post Count: 120
    Profile photo of rhino101rhino101
    Participant
    @rhino101
    Join Date: 2008
    Post Count: 31

    No worries, looks like they have really picked up the pace in there over the last week or so – houses and earthworks going on left right and centre.

    Profile photo of Josh AthertonJosh Atherton
    Member
    @josh-atherton
    Join Date: 2011
    Post Count: 269

    The construction of new houses is not really an indication of a booming property market, it is more an indication to the success of property marketers. 

    Profile photo of CatalystCatalyst
    Participant
    @catalyst
    Join Date: 2008
    Post Count: 1,404
    Josh Atherton wrote:
    The construction of new houses is not really an indication of a booming property market, it is more an indication to the success of property marketers. 

    So true. I remember Sydney 2002. Developers were building like crazy to catch the craze going on. Resulted in some shoddy work due to the rush and then the boom ended. People got caught with a property finished after the boom and not worth what they predicted. Plus a declining market and then years of no growth.

    Unless you can predict a property boom before it starts I'd be wary of OTP.

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