Just wondering if there’s a legal obligation for the solicitor to provide a copy of the contract within a certain timeframe?
A friend signed the appropriate paperwork and paid the 10% deposit for an Off the Plan about 5 weeks ago but still hasn’t received a full copy of the contract. All he has are copies of what he has signed such as Disclosure Document, floor plans and a specs sheet. How normal is this?
My OTP contract (two hard copies) was sent within 24 hours of giving the go ahead so I knew exactly what I was signing for after the cooking off period.
Yes, it is a requirement in Victoria under section 53 of the Estate Agents Act:
http://www.austlii.edu.au/au/legis/vic/consol_act/eaa1980145/s53.html
A week or two is reasonable time for delivery of a signed copy. Anything beyond that is unreasonable and the vendor’s lawyer should be reminded of this.
Kate Ashmor | Ashmor Legal Pty Ltd
http://www.ashmorlegal.com.au
Email MeProperty Lawyer and Opiner
Thanks for that, had no luck on Google. While there’s no defined time for VIC REA’s, it pretty much should have happened at the time he signed.
Forgot to mention it was signed it NSW but for a QLD property though guessing it should be similarly worded for either if they have the same Act.
Each state has different laws. Your friend should instruct agood qld solicitor imediately. There are a couple who have regular articles in API.
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