All Topics / Legal & Accounting / Flips – How is settlement done.

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  • Profile photo of scullymanscullyman
    Member
    @scullyman
    Join Date: 2004
    Post Count: 43

    If I sign a contract with a vendor and then on-sell it to someone else. What happens on settlement day. I am told the settlement date for both transactions will be the same day. So what happens with the deed etc. Who attends and whom passes what to whom ?????????[blush2]

    Profile photo of Steve McKnightSteve McKnight
    Keymaster
    @stevemcknight
    Join Date: 2001
    Post Count: 1,763

    Hi,

    While I’m no legal expert… solicitors for all parties would meet in a room and shuffle paper.

    I’d imagine that your purchase is settled first (i.e. necessary docs executed), and then once this happens then the legals over your sale are handled.

    Really though, it’s just a matter of due process that is all handled by your legal eagle(s).

    Regards,

    Steve McKnight

    **********
    Remember that success comes from doing things differently.
    **********

    Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
    https://www.propertyinvesting.com

    Success comes from doing things differently

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

    And if you do it right you won’t even need finance. But if your buyer cannot settle for whatever reason then you will be liable and will have to settle on the property.

    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

    Profile photo of Ol PaintingOl Painting
    Member
    @ol-painting
    Join Date: 2003
    Post Count: 123

    Is there any way to avoid settlement if your purchaser will not be ready to settle on that day? Does it meat you better have financing ready, or there should be special clause in the contract dealing with this.

    I am a bit bias coz I just came through exiting experience of having solicitor on the run for some weeks over settlement day. If that happen to me it can happen to somebody else too.

    By the way my advice – put everything in writing whenever you deal with solicitor; make minutes of every section and phone conversation and make all attendee sign in.

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

    Usually if you do not settle on the required date, they will give you a few days, and then issue you a formal notice to complete giving you 14 days in which to settle. So you have some time up your sleeve there.

    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

Viewing 5 posts - 1 through 5 (of 5 total)

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