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my solicitor file in the stamp duty for me.
my solicitor wants to charge me 100$+ for filling the forms for the first home buyer grant.
i dont to pay him more. so decided to do it myself.
finally, today i settled my contract.
i gave the cash cheque to my solicitor's wife (also his secretary) because he is not in the office.
his secretary actually ask me to drive her to the vendor solicitor office. i rejected her and she actually gave me an evil glare and said she should have charged me extra delivery fee. it sounds like a joke. but it also doesnt sound funny.
anyway, i hope this is finally truely an end. dont want to hear another false positive news, and whatever reason the vendor came out. dont want to see and deal with these people ever again! (except the collection of my title 2-3 weeks later).btw, got a question… i emailed my solicitor and he ignored me as usual. i think he is afraid of black and white. i purposely dont want to call him as he doesnt know what he is talking.
anyway… the question.
when can i apply for first home buyer grant? can i lodge in the form now? or i have to wait till i receive the title??god_of_money wrote:What was the reason why the bank could not release the title?according to my solicitor,
the vendor break loan contract with bank. so the bank is charging him penalty.
the bank even sent evaluater to visit the unit. i think there is a stage when the bank want to take over the unit.
i was actually panic. dont know what to do. with my lousy solicitor, i cant fight anything from the vendor. i was had been searching for another unit for the past two weeks. making arrangement ready to move. get my property agent ready a 6 months lease contract for me.
anyway…. hopefully tuesday will be end of all this bully.
it was some up and downs…
coz after the 42 days, i thought, YES, no more rent… now just wait for the settlement.
then 14 days later, WHAT? have to pay rent for the past two weeks?
then… another 14 days…. i was like… is this for real? can i be so bullied?
comes the news that i dont have to pay rent, but have to wait another 14 days. i was like… FINALLY!!!! NO MORE RENT…
then… ask me to pay tomorrow, i request for THREE days only… NOPE was the reply. and i have to pay rent…28 days ago he made me pay $30 for six cash cheques and another $60 to return them to the bank.
why is he setting the terms all the time and i just have to do what he says?
i thought the contract suppose to protect both parties.
i thought both parties decide when is the actual settlement date.
i thought we can negotiate.
but… throughout the 84 days…. is all him saying the terms…anyway…. i think everyone should add an additional clause in the so call "standard" contract to protect the buyer.
if vendor happened to be late, for whatever reasons, vendor pays rent.
and if vendor terminate contract for whatever reason, vendor pays seller 10%it has been a while, so let me just summarise what happened.
i found this unit, very nice appartment unit, paid 10%, then sign an occupation agreement to move in.
after 42 days, vendor failed to get the bank release title, so gave him another 14 days plus me pay him rental another 14 days.
then vendor still fail to release title, so i gave him a notice to complete, another 14 days plus rental.
then vendor again, fail to release title and request for another 14 days, but in return, waive my rental from the original settlement date. so i gave him another 14 days.
on final day 11, vendor gave me a notice that i must settle the next day or else i am consider late payment. i was like… what? i need three days for the bank to get money done. he was like… nope, there will be rental fee if i cannot settle the next day.
i gave him extra 42 days and he cant even spare me 3 days. gosh!!! and my solicitor cant even help me on that. i must say my vendor has a very good solicitor. i must use him next time.
can anyone tell me, what will happen after the "notice to complete"?
can i still purchase the property after the notice to complete?
so today, the 8th week after 10% deposit, my lawyer told me that the vendor has problem release title from bank.
so my lawyer advise me to issue a notice of complete. so i got another two weeks to go. again, i am liable for another two weeks license fee to occupy.
i am in such a difficult situation. should i start looking for a property to move into? or should i keep paying the license fee until dont know when will be the actual settlement date.
this is a simple case but end up so complicated. i can give a bill to the vendor for relocation, but if they disagree, i have to go tribunal. sigh…. what's my best plan?
i am sorry, i thought "state" means something else
:pthis property is from NSW state
too paranoide with the meaning of every single word now.
"adjustment date", "direct damage", "licence to ocupy", etcplease give me advise
oh… when you said state, do you mean NSW state?
yup, i am from sydney
elkam wrote:I saw in your 1st post that you listed land tax. Why would you need to pay land tax?.
As you intend to live in the house you are not liable for land tax.
sorry, should be council rate.
elkam wrote:Next time the vendor rings tell them sweetly that you are very happy to pay for the furniture immediately……as part of the settlement.my property agent pay the furniture on my behalf. i will pay him back at settlement. wish both of us luck.
err.. i dont know what state i am in.
is it writen in contract?
or… can you give me a few option and i tell you what state i am?
at the moment, i paid the 10% deposit. paying "licence fee" to occupy, paying strata, council rate, and water levi.
still paying all the above fee even though the original settlement date has past two weeks ago. and will be continue paying the above fee for another two weeks. not sure about future payment. but… i felt very unfair that my lawyer did not protect my right.this licence to occupy fee, if convert to %, is about 5% of the total cost.
so i am like paying interest for late payment. i am very very upset about this.how do i know what state i am in?
yea, i realise there is really nothing i can do. if only my lawyer stated that i dont have to pay after the very initial settlement date.
what made me so mad is actually the unreasonable vendor. disagree with everything i says and i have to do everything he asked. for example, the day i moved in, i was not given the letter box key and window key. so i was left without letter and window open for 3 weeks. it's tiny things… so i keep quite. then this buying contract involve of buying all his furnitures. my stupidity is, i didnt list down the things i bought. (i took pictures but, with the witness of agent). the owner have a few item listed not selling. 1st day the list has 3 items. 2nd day, the list have 7 items. and then just walk in and take whatever. although all tiny things taken, i am very very upset about it. all because i did not list down things i bought.
then this cost of furnitures, said in the contract to be paid on settlement. the vendor has been calling me so many times to pay immediately. because i was not happy, i refused to pay him immediately and stick to the contract. then, he uses this delaying settlement date method to get the extra cost from me. how evil is that?
my lawyer just called me and said the vendor again cannot complete the settlement tomorrow, which is the end of this "grace period".
i am very pissed off that i was told that i have to continue paying this "rental" for another 2 weeks.
what is my right?
yup, tried asked the vendor lawyer to reduce the two weeks rental. they rejected my request.
then, stupidly, my lawyer said to me that i can withdraw the contract if i want to and get your 10% deposit back, but of course assuming i wont withdraw.
then i said to him, yes, i like to withdraw, can i know the consequences and my lawyer was like, err… actually you cannot withdraw because there is a 2 weeks grace period after the 42 days settlement.
i was so furious about this. what is this grace period? anything else i should know before hand?
then i asked him why cant i said something in the agreement, if vendor happened to be late, i wont be subjected for the rental. and he said i could have said that in the begining and changes my current situation. so i asked him why didnt he do that for me. and he was like, "nobody expect this to happen". then i asked him again, "WHY DIDNT YOU DO THAT FOR ME?" he was like… "you have to get him to agree also". so i stress again, "WHY DIDNT YOU DO THAT FOR ME, to protect me for this situation?" he was like, "because i didnt ask."
so, i am very dissapointed for my lawyer's service. he failed to protect my right as a buyer. i felt so legally bullied by this vendor.
i reckon all buyers should ask your lawyer to write a clause in whatever agreement to protect your right.
