All Topics / Legal & Accounting / HELP! alteration to contract seller wont settle!

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  • Profile photo of smy_leesmy_lee
    Member
    @smy_lee
    Join Date: 2009
    Post Count: 7

    HI thanks so much for your help before everyone on late settlement penalty interest. Now i have come to a new band. I gave the sellers an extension of three weeks because their banks wont settle something to do with them trying to discharge part of their home loan. Now itis supposed to go through on fri, but the real estate coimpany are telling me it looks like it wont go through on fri either. They want me to sign a variation of contract sheet changing the date till fri. Should i do this? And have now said i must give fourteen days notice if i wish to terminate the sale, because now i have had enough. I am so stressed and it has cost me money in insurance and taking time off work and ahhhhhh it is so stressfull!! Soo if i decide i don't want this anymore should i not sign the contract and just give my 14 days notice or do i sign and give 14 days notice. If you change the contract do they get three days grace again??? If the house settles within that 14 days notice do i have to legally buy it? OOO soooo many questions from a ditsy first homeowner who decided to do their own settlement. Never again . Please help!!!!

    Profile photo of crjcrj
    Participant
    @crj
    Join Date: 2004
    Post Count: 618

    Best idea you need to spend half an hour or so with a solicitor specialising in conveyancing.  Make sure you take all documentation and correspondence.

    Profile photo of LinarLinar
    Member
    @linar
    Join Date: 2004
    Post Count: 567

    I agree.  Go and see a lawyer. 

    Profile photo of smy_leesmy_lee
    Member
    @smy_lee
    Join Date: 2009
    Post Count: 7

    ah ! i can't afford a lawyer but have seeked some advice from one of my clients. I am told from their settlement agent that it won't settle again this week. I am to issue a default notice, i have no idea how to write one. I am sorry to be  a pain can anyone help me structure one?

    Profile photo of LinarLinar
    Member
    @linar
    Join Date: 2004
    Post Count: 567
    smy_lee wrote:
     I am sorry to be  a pain can anyone help me structure one?

    I think you are going to have to just bite the bullet and get a lawyer.  If you try to draft one yourself you will probably get it wrong and it will be an invalid default notice which will have the same effect as not issuing a default notice at all.  There are so many things to get wrong.  Lawyers are not there just to take your money: they are there because they know the law!  It doesn't sound like your attempts at conveyancing have been too successful so far so it really would make sense to stop trying to do it yourself and to pay someone who knows what they are doing.

    If you can't afford a lawyer/conveyancer for a maximum of $1000 I would have to query whether you can afford to buy a house.

    Cheers

    K

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

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