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Frequently asked questions

Is there a cooling off period if I sign a contract?

If you are buying a property as a private sale then there is a statutory cooling off period that is 3 clear business days from when you sign the contract. The cooling off period does not apply if you buy at an auction or within 3 clear business days of an auction. If you have any questions about the cooling off period, please get in touch with one of our team. 

Can I end a Contract if my finance has not been approved?

If you sign a Contract of Sale subject to finance then you can end the Contract if your finance is not approved. Depending on the wording of the finance clause provision, there are generally additional requirements that you must have complied with in order to exercise your rights to end the Contract of Sale. These typically require the purchaser to have immediately applied for their loan and to have done everything reasonably required to obtain the loan. If you have any questions about the finance clause, please get in touch with one of our team. 

Can I end a Contract if I get a building inspection and a defect is identified?

If you sign a Contract of Sale subject to a building and pest inspection then you may be able end the Contract of Sale, subject to the wording of the Contract, if the inspection identifies a major building defect. Generally, the Contract of Sale will also require that the building inspector is a registered building practitioner. 

Can I inspect the property again before settlement?

Yes, purchasers have a right to inspect the property they are purchasing usually a few days before settlement. The property should be in the same condition as at the date of sale with an allowance for fair wear and tear. If the property is not in the same condition as at the date of sale then the purchaser may be able to request compensation for the issue.

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