All Topics / Legal & Accounting / BREAKING A CONTRACT

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  • Profile photo of agordonagordon
    Participant
    @agordon
    Join Date: 2004
    Post Count: 4

    What will happen if we decide to break an Offer to buy land contract. I live in WA. The contract is subject to finance approval which has been approved. Does this mean we have to go through with the purchase?? What are our options? Thankyou for your help

    Profile photo of DerekDerek
    Member
    @derek
    Join Date: 2004
    Post Count: 3,544

    Hi Agordon,

    If ‘subject to finance’ was the only condition you placed on the offer and acceptance and this condition has been satisfied then I belive you are expected to now buy the place.

    However I also suggest a discussion with a property savvy solicitor – not conveyancer, if you are now wanting out. They will be able to explain any options you have available to you – at best there will be penalties involved at worst you’ll have to buy the land.

    You have’t indicated why you want out – I assume it is a change of mind issue – nonetheless you may be able to build/erect/transport (depending on local by-laws) a house on it and make it into investment property.

    Derek
    [email protected]

    Property Investment Support Available. Ongoing and never stopping. PM welcome.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    It is also possible the vendor will just let you out of the contract.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

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

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

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