All Topics / Help Needed! / Private Sales, Long Settlements, Extensions
As I am having a learning experience at the moment I thought I would post some details for interest sake.
-Entered into a private sale agreement early Jan 07 on a property I was renovating.
-Settlement date agreed to be 27 April 07 – ample time for reno to be complete and purchaser to organise finance.
-Approached my normal solicitor – he was unavailable for this settlement so used one of the other partners who I have dealt with.
-This solicitor undertook to do my settlement tho he said that the purchaser was also his client so he flicked her to another solicitor int he firm (I think this was mistake number 1)
– Late March my solicitor rang to say that part of the "subject to" conditions was finance approval subject to permanent employment being confirmed for the purchaser following completion of her probationary employment term. He said the purchaser was requesting "an extension to the 8th". As the "subject to" condition ran out originally March 31, I took the solicitor's request to mean THAT clause to be extended to 8th APRIL and I agreed. (mistake number 2)
– When I went to sign contract he'd drawn up, he rushed me through it saying it was normal contract and if I was happy with the extension relating to the "subject to" matter then please just sign. As I was in a hurry, I did just that (mistake number 3 and the FIRST and LAST time that I don't read through a contract)
– On 27 April I rang to enquire if my property had settled and was told it wasn't happening til 8 May. – you guessed it, the extension related to settlement and not the "subject to" clause. Very annoyed at myself for not being diligent and solicitor not explaining this clearly in March! Solicitor and I have had words on this as I would never have granted this settlement extension.
– On 27 April solicitor rang at 4.45pm to request an extension for purchaser's finance approval until Monday 30 April. I agreed and stressed that I would not give any further extension on settlement if that was requested.
– 1 May I had to ring solicitor to confirm if purchaser's finance approval was received which it was.
– 1 May my solicitor rang to say the purchaser requests an extension on settlement. I didn't agree to an extension.
– Settlement is due for Tue 8 MayDespite the above being a mundane list of events there have been many lessons learned about a poorly planned sale on my part.
– Entered into a contract with a 4 mth settlement in a rising market. Price was fair in January but $20k short in April/May
– Not using my normal solicitor
– The solicitor I used normally has my purchaser as a client. One has to wonder if the poorly delivered information I received from him was a clever tactic in the purchaser's favour.
– Did not read the contract and assumed my interpretation of what the solicitor told me was correct.
– Did not get valuation or appraisals on my property before I entered into a private sale agreementI would enter into this type of deal again in the future however I would do almost everything differently while still being fair to the purchaser. It has been a great learning experience in how NOT to sell a property on my part.
Thanks for the "heads up" Dinah.
Sorry this experience occurred. The good news is it wasn't too expensive and you learned a lot.
Better luck with the next one.
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