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The Property Advocate

Cooling off

Thursday, July 16th, 2009

 

In the current market, there has been a marked increase in the number of residential properties that are sold privately instead of being advertised for auction.

 
If you buy privately, you can, generally speaking, change your mind and cancel your purchase within three business days of signing a contract. This is called “cooling off”.
 
There are some exceptions that rule out cooling off. One of the more common ones is where you obtain advice from a lawyer beforehand.
 
Business days do not include weekends or public holidays. For example, if you sign a contract on a Friday after work, you can cancel it up to and including the following Wednesday.
 
You “cool off” by giving a notice to the seller or, more usually, to the seller’s estate agent.
 
A simple letter, addressed to the estate agent, advising you are exercising your right to “cool off” and asking for  your deposit to be returned is all that is necessary.
 
It is best to deliver your letter to the estate agent’s office during normal business hours.
 
Make a note of the date and time you hand over your letter. If you give it to anyone other than the person who sold you the property, ask their name, tell them what your letter is about and to whom they need to give it.
 
If you “cool off”, the seller can  keep $100 or 0.2% of the price, whichever is the greater, out of the money you have paid, as compensation for losing the sale.. The estate agent will deduct the amount, when returning your deposit.

If interested in learning more about this update please contact me today!

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As Domain Property Advocates continues to grow I will continue to provide superior service to those choosing to use property as their investment. It is an important choice of who to choose as the one responsible to look after your property. You can be sure that Domain Property Advocates will always strive to be the best.

 

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Warwick Brookes Melanie Dennis David McMillan Nicki Macrae Rob Millar
Warwick Brookes Melanie Dennis David McMillan Nicki Macrae Rob Millar