Purchasing new property for your family or business is a huge undertaking. In addition to your investment in time, there are many expenses to consider. Deposits are made, building and pest inspections completed. Search fees and legal fees quickly add up not to mention costs associated with stamp duty and conveyance. So when a contract to buy property comes to an end or is otherwise breached, losses can be substantial.
Contracts fall through for a variety of reasons. Perhaps the vendor backed out of the sale or did not comply with the terms of the agreement. Maybe there was a misrepresentation of some sort or issues securing financing. No matter what the cause, as a purchaser, you want to make sure you get what you are entitled to when the agreement terminates
At the center of disputes over the purchase of land are some fundamental questions:
- Was the contract ended in a valid manner?
- Who is entitled to the deposit money?
- Can damages be awarded and what do they include?
To adequately answer these questions, it is important to understand the terms of the contract and the reason it ended. Was it the result of a mutual decision or due to a breach in terms by one of the parties? If a breach occurred, who is the innocent party and what are their rights under the law?
Identifying the conditions that were included in the original contract is also key. For example, if the purchase agreement included at “subject to finance” clause and the purchaser is unable to secure financing, they may be entitled to a refund on their initial deposit but much depends on the circumstances.
In the end, the goal is to find a resolution to your contract dispute that is equitable and fair. Yet understanding your rights can be an extremely complex matter. If you would like help resolving a dispute over the purchase of property, real estate or land, contact us at Litigant. With years of experience, one of our Sydney based litigation lawyers can help. To find out more, simply call +61 2 8644 0663 to book a consultation.
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