Help…We purchased at auction (or thought we did) everything was signed, we paid the deposit then a week later were told by the vendors solicitor that the contract was void as it was not signed by the vendor correctly. It was an elderly couple and their daughter signed as power of attorney but apparently it was not done correctly. What can we do? Now nobody is talking, the lawyer won’t return my lawyers calls and I am left with no contract, the real estate obviously did not know what they were doing…who is at fault here and what can we do?
How is the contract filled out incorrectly and why is this a real impediment? My sales contract from auction technically had the wrong address (same street adjoining suburb) and all it took was a couple of overwrites and initials on both our parts. My solicitor was on the ball and picked it up.
Let them sort out what’s needed and then contact your solicitor.
I’m assuming the real issue here is that the contract is invalid and now they’re not wanting to sell to you.
Speak to your solicitor regarding this issue to see if there’s any recourse.
Corey Batt | Precision Funding
http://www.precisionfunding.com.au
Email Me | Phone MeInvestment Focused Finance Strategist - servicing Australia-wide
Tell them to you intend to close and have instructed your solicitor to do so and if they fail to comply you’ll be seeking legal advice.
Probably hoping you are going to go away etc.
Be sure to update us with the outcome
Remember Sellers also have a legal requirement to do everything with Time of the Essence especially at an Auction.
Get your Solicitors to put them on notice that you intend to settle on the due date and see what they say.
If your Solicitor is lacking a spine ditch him / her and get someone else on the job.
Cheers
Yours in Finance
0-40 properties in a decade. Ask me how.Richard Taylor | Australia's leading private lender
Yes. You would be able to sue the agent and possibly the attorney and vendor.
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
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