All Topics / Legal & Accounting / Cooling off period
Hi everyone,
I wanted to get feedback on our situation.
We went to an auction a couple of weeks ago (we were the last bidders) but the property was passed in. We tried to negotiate and the r/e agent said they'd call us that afternoon to let us know the outcome. He didn't call that afternoon. Next thing I'm checking the internet & see that the house is up for sale! I was a bit shocked & disgusted by the way the r/e agent did that.
Basically the r/e agent called us a few days later (after trying to negotiate a price) saying that the vendor had accepted another offer and asked if we wanted to put more money in for the purchase of the house. Again, a bit shocked the r/e agent called to ask this – isn't that guzumping? Anyway, at that stage we weren't prepared to pay that much. But upon reflection, the property is unique, for the area, as it had 2 houses on 1 block of land and not much "comparative" prices to review.
Now here's the question … the current purchasers cooling off period was finished yesterday. I called the r/e agent today to ask if the contract had been exchanged and he said that the current vendors had asked for an extension of the cooling off period (via solicitors) and that the new cooling off date is next Thursday. If we put in an offer to the vendor, can they accept our offer after accepting the extension of the cooling off period of the current purchaser?
Thanks in advance.
Why would the vendor (seller) have sought an extension to the cooling off period – it is not in their interest to have the house still 'hot'. The cooling off period is for the buyer not the seller, the seller has to agree to extend or have the buyer withdraw.
The contracts have been exchanged, this triggers the cooling off period.
Any offer received during the cooling off period cannot be accepted until after the contract is recinded.
Hi,
Yes sorry about that, it was the purchaser who asked for the extension (not the vendor).
Just wanted to get clarification around it, as there is another property (2nd option) that we are interested in as well.
If we put a "deposit" on it (say $300), can we get it back if we don't go ahead with our 2nd option (just in case our 1st option comes through next week?)The cooling of period can be extended as long as it is agreed on both parties.
If you put the deposit for A$300.. and you don't proceed to exchange then you might be forfeited the 0.25% or A$300
Certainly is possible though. We put in an offer on a place and it was accepted. We stated subject to finance etc. The bank came through less than an hour after closing time for the agent and the vendor accepted another offer. Worst thing was they ended up selling to that vendor for $35K (YES you read right) more than we offered. We knew we had a bargain at the price we offered if only the bloody bank had come through in time.
Ruth
If there is a cooling off period that means there is a contract. The vendor will not be able to pull out, usually, but the potential purchaser can still do so.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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