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  • Profile photo of nugga1984nugga1984
    Member
    @nugga1984
    Join Date: 2004
    Post Count: 4

    Thank yow all agian i have more wood for the fire.

    i have some new information, a new angle, consumer affiars issuses and good news on caviot.
    i will explain the details because it is becoming a bit of a big issue now.

    Specifics

    Contracted buyers
    gary and jenny
    price – $185,000
    contract specfics – 120 days settlement 25th dec(christmas) sole condition of contract was a signed uncoditional contract of sale on there house prior to settlement date

    2nd Buyers
    Andrew and jill
    price – 186,000 (165,000 -contracted, 21,000 -cash)
    very nice couple want to buy house meet with mum cups of tea very frendly, have money, 2 weeks all over, rent free till rental availible in dec are very flexable with contract, very eager to buy and open to priceing negotiations.


    After talking with the gary (purchaser) who turned out to be a real A-hole, and doesn’t care about anything i have to say. i really got set into this, these people are not buying my mothers house!

    Another angle: At the time of signing the the contact of sale my mother was diagnosed post-trumatic stress disorder, since then she has spoken with the Psychologist and he has confirmed that qoute “at that time she was in not state to be signing any contract.”
    i have been told that this is the basis for having the contract torn up. My mother has instucted her solicitor(which i don’t have much faith in) who has the report. i would like to go higher with this isssue. does anyone know who contact about this?

    Consumer Affairs
    Andrew and jill have been told they could have the property twice(real estate agent) and had it taken off them twice (while house was under orignal contract) they also had a contract drawn up and paid a full deposit and then had it returned and there contract torn up. contacted consumer affairs G. Redfern who isn’t impressed about the contract and the real estate agent who took 2 contracts and deposits and told andrew and jill they had the house. he is coming down to investigate the situation and he has the power to break the contract and if he finds the real estate to be dodgy shut them down.

    Goodnews
    Andrew being in the police has had a look into the specifics and does not really like my father either now and will buy the house at the contracted price of 165,000 (balance of morgage) and pay 21,000 cash for equiptment, which leaves…… thats right a big fat 0 for the caviot. :)

    Profile photo of nugga1984nugga1984
    Member
    @nugga1984
    Join Date: 2004
    Post Count: 4

    Thank you all very much for your advice i’ll chase some of those options and post how it panned out. again thank you for your time.
    Danny,

    Profile photo of nugga1984nugga1984
    Member
    @nugga1984
    Join Date: 2004
    Post Count: 4

    thanks for your reply, with the deal that i have mentioned the 15,000 passes the cavoit and then hopefully it won’t be put to court or if it does then it well get thrown out, i’m happy to leave the caviot and leave the 10 or 15,000 frozen and not go to the court case. my main prob is i need to get some money past the cavoit to pay her Credit card or it will keep going up a can do thats by dropping the price 15,000 and make it back up by selling equiptment on the farm for 15,000 (i have found investers that are intrested in that deal and will do it). so once the house is sold the money pays the morgage which leaves about 15,000(frozen by cavoit) and 15,000 cash payment for equiptment(seprete from house) – thats well and good but she has entered into a contract to sell her house with people that won’t come to the party with my 15,000 cash deal. so i need to discourage the original buyers or legally get out of the original contract. to be able to sell to another couple who will give me 15,000 cash.

    questions:
    Can i legally break a contract?
    Can i legally discourage original buyers?
    What is the fine for pulling the house off the market with out mutual agreement with the people who have entered into the contract to buy the house?
    Thank you
    Danny,

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