Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Contract of Sale: backing out of the contract

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
hoochiscrazy View Drop Down
Newbie
Newbie


Joined: 12/June/2018
Location: Australia
Posts: 2
  Quote hoochiscrazy Quote  Post ReplyReply Direct Link To This Post Topic: Contract of Sale: backing out of the contract
    Posted: 26/June/2018 at 12:27
Hey guys,

Just a question regards to Conveyancing.

I have a family member that is in a bit of a pickle.

They signed a contract of sale to purchase an off the plan property. The cooling-off period has passed.

They originally signed the contract of sale with the intention of then nominating a friend to be the purchaser. The friend is a foreigner.

They only noticed recently under the special conditions that they are not allowed to nominate a foreigner.

If they wanted to back out of the contract of sale now; what would be the repercussions?

Thank you

citizen-joe View Drop Down
Senior Member
Senior Member


Joined: 09/October/2005
Location: Australia
Posts: 754
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 26/June/2018 at 15:09
As it is an off the plan, they may be able to get out of it if the finished product is different to what was stated in the contract in some way. Perhaps they should see a solicitor to pursue this approach.

henri View Drop Down
Senior Member
Senior Member


Joined: 07/September/2012
Location: Australia
Posts: 187
  Quote henri Quote  Post ReplyReply Direct Link To This Post Posted: 28/June/2018 at 08:44
What state are they in ?
In NSW there is a mental illness clause in for sale contracts....i beleive depression is a form of mental illness.....a diagnosis of depression from a GP may make the contract null and void

hoochiscrazy View Drop Down
Newbie
Newbie


Joined: 12/June/2018
Location: Australia
Posts: 2
  Quote hoochiscrazy Quote  Post ReplyReply Direct Link To This Post Posted: 28/June/2018 at 16:55
It is in Victoria. Have never heard of the mental illness clause, very interesting. I don't think we have it down here.

Baddoneby View Drop Down
Senior Member
Senior Member
Avatar

Joined: 09/February/2010
Location: Australia
Posts: 334
  Quote Baddoneby Quote  Post ReplyReply Direct Link To This Post Posted: 30/November/2018 at 12:40
The mental illness needs to be proven to be pre-existing before the contract was entered into.

I had a vendor try that $$hit on me after the cooling off period passed.....was a galant effort on their behalf getting the Dr to write a rubbish letter........ didn't work.

Edited by Baddoneby - 30/November/2018 at 12:40

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.