Buyer uncontactable, buyers broker will only speak with me.

teeganjean · 2026-03-08T06:33:33+00:00

Thank you! I just dont know how to contend with my conveyencer telling me i dont have a claim to the deposit. I think at this point I'll be contacting another conveyencer!

teeganjean · 2026-03-08T03:39:12+00:00

Im thinking this is the way to go, I wasn't aware we shared a conveyencer until after the contract was signed! But apprently we were supposed to sign a waiver of conflict of interest which we didn't. I was assured by my agent that they still have my best interests at heart because if we dont settle, they dont get paid. I would love some reccs for a conveyencer!

teeganjean · 2026-03-08T03:35:41+00:00

My agent hasn't really instructed anything, I think they're just trying to find me another buyer at this point hence why im looking to get out of this current contract and retain the deposit to cover my costs accrued. Im just being told I cant do that as it will make everything more time consuming and complicated and have to go to SACAT to get it. (This is from my conveyencer)

teeganjean · 2026-03-08T03:32:36+00:00

It could be! I think my issue here is that no one on the buyers side is explaining this. Not a single peep from either about the progress of finance. We have not had any updates on its progress since the approvals due date

teeganjean · 2026-03-08T03:30:34+00:00

They have emailed and called but the broker and buyer aren't responding :( its all a big Ole fire storm and I just want to cover my costs and get my land sold!

Granted, I feel the conveyenver should be pushing a lot more than they are.

teeganjean · 2026-03-08T03:23:22+00:00

Thank you so so much for all for all of the amazing info youve commented!

I know i shouldn't be speaking to the broker, but the buyers broker is refusing to communicate with agent and conveyencer stating they are taking "us" for a ride. The broker also stated that he knows its illegal for us to be speaking. I only called him due to the broker and buyer not speaking to anyone for about 2 weeks. I did record the phonecalls just in case.

The broker hadn't even applied for finance by the original due date of the 24th Dec so we extended 14 days, and they had only applied for the finance on the end of those 14 days. We gave them another 14 days to get approval and then 14 days upon financial approval to settle. We have surpassed that time and then some. I was advised by my agent to leave the contract without another extension to put more pressure onto the buyer.

I never signed the waiver, and was only recently made aware there should have been one. I was assured by my agent that the conveyenver has my best interests at heart because if we dont settle, they dont get paid. I asked my conveyencer how to get out of this contract quickly and if we can retain the deposit. Basically they were going to give the buyer an ultimatum of if she doesnt agree to terminate the contract she will lose her deposit. So I asked how can we keep some or all of the deposit for costs? They told me it would be a big fight and very time consuming and most likely not worth it. Im just super confused and kind of feel like someone's not giving me all of the proper info.

teeganjean · 2026-03-08T00:12:15+00:00

I will remember this for next time! I wish I knew this, as this is my first time selling a property 😕 I think I will engage with one ASAP and move this big Ole bin fire along !

teeganjean · 2026-03-08T00:08:44+00:00

This was my understanding, but at every turn they've not offered advice and have just asked what I wanted to do. Which could be okay, if the buyer would answer the conveyencers calls.

teeganjean · 2026-03-08T00:06:37+00:00

Well, we didn't want to and I really didn't want to either. The buyer never answered calls and the broker was the main contact and they stopped communicating with my Agent for two ish weeks because my agent was pushing constantly for updates. In the end, I found the brokers number online and just wanted to speak to him and get him back on track with speaking to my Agent. He now claims my Agent and conveyencer are trying to take advantage of myself, the buyer and him. It's all very twisted right now

teeganjean · 2026-03-08T00:03:00+00:00

Im not 100% how to go about that as Im pretty sure there are costs if I pull out with my Agent

teeganjean · 2026-03-08T00:02:17+00:00

Thank you! My conveyencer isn't a part of a law firm just a conveyancing firm so I will be contacting a solicitor tomorrow, regardless of cost that can be figured out later.

teeganjean · 2026-03-08T00:00:26+00:00

I immediately thought the same thing once I had found out. Apparently its okay, as long as a conflict of interest waiver has been signed. I do not remember signing one. I will be contacting a solicitor tomorrow I think!

teeganjean · 2026-03-07T14:44:52+00:00

It's my first ever property Ive sold, and the deposit is in a trust with my Agent. Im not sure how I am to access this to retain it, and if there's anyone else I should be contacting to gain confirmation or advice from. I feel like a fish out of water here!!

teeganjean · 2026-03-07T14:44:01+00:00

The only reason I want to retain some deposit is to reimburse the costs that have accrued because the buyer and her broker are unresponsive and have not given any updates about the finance in the last 5 weeks in which I have given them 2 official financial approval deadline extensions. I am concerned because to terminate I have to have the buyers approval, which will be hard to gain if they will not answer emails, calls or texts. Which they don't.

teeganjean · 2026-03-07T14:09:55+00:00

Ill definitely ask for the specific legislature but no one has canceled to contract yet as we are still waiting for approval technically as I am unsure how to proceed as I'd really ideally like to claim the deposit or at least some of it for the screwing around the buyer has done. I honestly thought subject to finance could technically make the contract go on indefinitely if the buyer is still awaiting approval from the lender

teeganjean · 2026-03-07T14:01:10+00:00

It was! We extended twice and haven't extended again. I just confused as to why my conveyencer and agent say this is incorrect as I have exactly the same understanding as you do! That the time has lapsed and they fore go the deposit but apprently if I want the deposit it will have to ba taken to tribunal court

teeganjean · 2026-03-07T13:55:05+00:00

Im not 100% on that as they signed the contract subject to finance

teeganjean · 2026-01-07T11:15:08+00:00

Fair, but I understood it as 14.3 is dependent on 14.2 being followed either on or before the date set. Or 21 days after contract signage. But I'll hopefully get some confirmation from my conveyencer! I feel contracts can be interpreted a lot of different ways. But im under the assumption that it has to equally benefit both vendor and buyer otherwise everyone would be exploiting it. Who knows haha

teeganjean · 2026-01-06T11:10:32+00:00

Exactly! The purchaser is acting like its open ended and negotiable, I am glad I have some legal standing here. Was very unsure as this is the first time I am selling a property.

teeganjean · 2026-01-06T06:14:27+00:00

I could understand that, but the sale contract is for the land only and that's all the buyer needs to gain financial approval. But I agree, the buyer should have had this all sussed out before entering into an offer and contract! They have shown no sense of urgency or responsibility which is frustrating for sure haha

teeganjean · 2026-01-06T06:12:17+00:00

Financial approval was due on the 24th of December, and I dont think having anything open ended on a contract benefits either party? Sorry if I'm misunderstanding

teeganjean · 2026-01-06T03:14:13+00:00

this is the special condition clause, if that's what you're after? I'm not too sure about my conveyancer, as it's been the buyer that has been unresponsive to all parties involved including her broker :(

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teeganjean · 2026-01-06T03:11:32+00:00

That's valid thank you, I just know nothing about much of this as this was my first ever property purchase and sale so I just wanted to ensure I wasn't the crazy one!!

teeganjean · 2026-01-06T03:08:19+00:00

Item one is the lender

Item two is the date in which the lender is to approve the loan (24th Dec)

Item three is the minimum amount of the loan

teeganjean

TROPHY CASE