All Topics / Help Needed! / Vendor Failing to Settle

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  • Profile photo of bevo01bevo01
    Participant
    @bevo01
    Join Date: 2009
    Post Count: 8

    Hi,

    A friend of mine was due to settle on a property today.  The conveyancor has rung this morning and advised that the vendor has requested an extension until the 15th March – something to do with another property they are trying to purchase and needing to wait until the finance has been approved.  This sounds a little dodgey to me, plus the house is currently empty but they won't allow access to the house until settlement.  The 2 week delay would not be a huge deal but the concern is that if they have some financing issues and still can't settle on the 15th.

    Is there any way to ensure the settlement happens in 2 weeks, or at least if it doesn't there would be some penalty.  Or if he walks away now is there any thing he can do about recouping building + pest inspection costs and conveyencing fees etc.

    Any advice would be greatly appreciated.

    Thanks!

    Profile photo of sonyasalsonyasal
    Member
    @sonyasal
    Join Date: 2008
    Post Count: 421

    His solicitor can issue a notice to complete, if they do not complete there is usually a penalty payment that they have to pay. Get him to ask his solicitor or have a look at his copy of the contract. ( Now that I think about it that is what the vendor can request from the purchaser, i am not sure if it works the other way around. But he can certainly ask his solicitor)

    cheers

    Sonya

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

    Thats the problem when using a conveyancer.. He needs to get some legal advice now.

    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 bevo01bevo01
    Participant
    @bevo01
    Join Date: 2009
    Post Count: 8

    Thanks for your advice.  Totally agree about using a conveyancer, they have been useless from day one.  You get what you pay for and I've learnt a lesson from his experience.  He's looking into some better advise.

    Thanks!

Viewing 4 posts - 1 through 4 (of 4 total)

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