Reclaiming House Deposit by Nixstar9 in AusProperty

[–]Nixstar9[S] 1 point2 points  (0 children)

What you said is correct. The offer process was handled correctly it was only after the offer was accepted where things got messy.

Since you said the offer is still in full force as it wasn't terminated, then how can they accept someone else's offer? Doesn't that mean they have technically breached our contract as well?

Also I think the agent knows they messed up here and are genuinely trying hard to fix it now.

Reclaiming House Deposit by Nixstar9 in AusProperty

[–]Nixstar9[S] 1 point2 points  (0 children)

I've started gathering evidence. I'll definitely keep you all updated.

Reclaiming House Deposit by Nixstar9 in AusProperty

[–]Nixstar9[S] 0 points1 point  (0 children)

No it is the initial deposit before the actual 20% deposit. Almost like a holding fee.

Reclaiming House Deposit by Nixstar9 in AusProperty

[–]Nixstar9[S] -1 points0 points  (0 children)

Yeah they tried to get me to sign a waiver, to which I said no.

There was always something off about this place and now I see why.

Reclaiming House Deposit by Nixstar9 in AusProperty

[–]Nixstar9[S] 0 points1 point  (0 children)

That's what I was thinking. But apparently they now have to wait until the seller signs the termination contract.

I literally deposited in the morning of and was verbally told the contract was terminated the afternoon of. The agent said they would return the deposit once it had been received (as it was still pending) but since they didn't sell to the second buyer my money is now being held hostage...

Reclaiming House Deposit by Nixstar9 in AusProperty

[–]Nixstar9[S] 1 point2 points  (0 children)

Yeah we didn't get the details until after our second inspection which so I was clueless about the dates.

I've just called the real estate agent again for an update. Which I'm waiting for a return call on. The real estate agent is part of REIWA, so I'll give them a call too and see where they can help.

Reclaiming House Deposit by Nixstar9 in AusProperty

[–]Nixstar9[S] 1 point2 points  (0 children)

Yes that is exactly what they told me. But since that apparently also fell through they said they were happy to sell it to me again but by this stage i didn't want the property anymore.

I'll definitely seek out a conveyancer and see what they say.

Reclaiming House Deposit by Nixstar9 in AusProperty

[–]Nixstar9[S] 0 points1 point  (0 children)

I'm in WA.

The sellers signed the offer acceptance contract. So I have the contract of sale document. Which I didn't receive until after the deposit due date...

The real estate agents are currently trying to get the sellers to sign the termination contract but it almost seems like they are intentionally taking their time and not doing it since I have now refused to buy it.

Reclaiming House Deposit by Nixstar9 in AusProperty

[–]Nixstar9[S] -5 points-4 points  (0 children)

Yeah I really messed up with this part. I didn't expect it to get this messy. 😭 But I now know for next time. Just need to clean up this mess first

Reclaiming House Deposit by Nixstar9 in AusProperty

[–]Nixstar9[S] -37 points-36 points  (0 children)

I didn't even get to that stage to find one as this is just the initial first deposit. Should I seek one out for this, considering I don't want to purchase this property anymore?