All Topics / Help Needed! / Waving cooling off period ???

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  • Profile photo of deepleaddeeplead
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    @deeplead
    Join Date: 2009
    Post Count: 11

    Hi, I would love someone to put my mind at ease if possible. I have just accepted an offer for my house $350,000. The house is 130years old and has lots of character, which I'm sure the builders inspection will reflect :-). I attended a meeting to sign the sale agreement with my solicitor today and I let him talk me into requesting the buyers to waver their right to a 5 day cooling off period. After arriving home from my the meeting I have started to worry about upsetting of frightening off the buyers and I really don't want to do the wrong thing by them. I didn't exactly trust the solicitor assigned to me either, he was trying to sell me everything from wills to financial advice and removalists. Has he pulled a dodgy ?

    Profile photo of Scott No MatesScott No Mates
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    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    if you’re the vendor this is to your advantage. Has the purchaser offered a S66w or is the solicitor just pushing? Effectively, the purchaser will have completed their due diligence.

    Profile photo of possumpalpossumpal
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    @possumpal
    Join Date: 2006
    Post Count: 48

    Hi

    Not sure what state you are in but I' am 99% sure that in Victoria it is a 3 day cooling off period, and even if you get someone to sign a document to waive there cooling off period, it will be void.

    The fact that you say it is a 5 day cooling off period means you are most likely in a different state.

    Thanks Tim

    Profile photo of Scott No MatesScott No Mates
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    @scott-no-mates
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    possumpal wrote:

    Hi

    Not sure what state you are in but I' am 99% sure that in Victoria it is a 3 day cooling off period, and even if you get someone to sign a document to waive there cooling off period, it will be void.

    Thanks Tim

    It is quite legal to waiver the cooling off period provided you have a S66W certificated signed by the purchaser's solicitor saying that they have advised the purchaser about what this means & how it affects their right to recind the contract.

    Anyone purchasing pre-auction generally signs a S66W as well because you do not want to take the property off the market whilst it is subject to a cooling off period for fear that all the money spent on marketing will have been wasted if you then lose other buyers.

    Profile photo of possumpalpossumpal
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    @possumpal
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    Scott No Mates

    You are correct, sorry for the mistake

    Tim

    Profile photo of Scott No MatesScott No Mates
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    @scott-no-mates
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