Yes please, I would love to know what I am supposed to do. The below was sent to someone who MAY assist, but your opinion is valuable..2nd opinions always are. Sorry for taking so long to respond-I went to work after sitting up trying to get answers last night.
More,,When I was told verbally the purchase of Hubert Street was over and done with by Paul from Harcourts, I got another Agent involved in the sale of Hubert Street. Please refer to Joe and Jay who I understand work close to you. Joe has spoken to you about this issue. I dont have a copy of that offer, I ask please that you get the dates from Joe. The 2nd purchaser was here on Sunday the 10th.
At no time did Paul write in his emails, nor tell me verbally that three days had to lapse for the Termination. I assumed Paul knew what he was doing sending it to me on the 11th, instead of the 6th, me signing and returning it to him. He is/was my Real Estate Agent. He would have had training of some description.
Paul had a lot of trouble getting in touch with Aaron, who is the son of the purchasers - he text him he emailed him but couldnt get in touch with him - he was trying to find out if the finance has been approved on the 5th.
When I got the Termination he told me he didnt know the purchasers address it was me who suggested he send the Termination to any address he held....everybody he had on his records.
I checked The General Conditions given to me at the sale does not state 3 days has to lapse so I assumed the Real Estate Agent must be correct, so again, I thought Paul knew what he was doing getting the Termination to me on the 11th. He had dated it the 6th, so I copied his date. I confirm I did SIGN it on the 11th.
To add something else about this timing, I sent an email to the settlement agent (below). One dated the 8th, one dated the 10th. As I have said, I thought the deal was over at 4p.m. on the 5/3.
Me then thinking the deal was over and done with I contacted another agent who thought he might have a buyer. He bought the people through on the 10th. I ask please that you speak to Joe about this offer and its dates.
I contacted REIWA today and they asked me if the Real Estate Agent had delayed sending me the Termination to extend the time as a just in case the purchaser got his finance. I cant answer that question.
I sent the below email to my settlement agent on 8/3, again believing what the Real Estate agent had told me was correct - the sale had fallen.
My agent didnt hear from the buyer on Monday (like he was supposed to), then the buyer ceased responding to emails and text messages from both the broker and the agent-we do know he left Australia for Malaysia on Saturday and was still there Monday.
So,,,the sale has fallen through, and thus my buy has fallen through. I have told the agent selling Hope Ave all about this.
If I thought the sale was proceeding I wouldnt have written that to the settlement agent - copy held. The below email was sent to the Settlement agent on the 10th, again, as I was lead to believe by the Real Estate Agent that the deal was over I wouldnt have written that -copy held.
As the purchasers of Hubert St are uncontactable, and their time ran out on Tuesday Hubert Street has not been sold.
My loan with the Bank was subject to me selling Hubert Street and that has not been done, the purchase of Hope Avenue will not be proceeding.
I apologise for any inconvenience I have caused you.
When/if Hubert Street is sold, I will definately be using you as a settlement agent - the best to deal with as far as I am concerned.
I contacted REIWA today and they asked me if the Real Estate Agent had delayed sending me the Termination to extend the time as a just in case he got his sale. I cant answer that question. They suggested legal assistance.
I had a phone call today from my settlement agent, which was responding to an email I sent questioning if Paul was correct with what he had told me. Cathryn's superior has told me they cannot advise, but they will leave any settlement on hold, until they get my instructions following advice from you.
I have spoken to the Department of Commerce- they are unable to assist.
I have continued to check who's right in this matter, and
Paul wrote to the buyers lawyer on the 12/3 (email copy sent to you) thanking him for the fax - but saying unfortunately this was due on Tuesday of last week and the contract was terminated in writing to the buyers and the buyers mortgage broker. From the sellers perspective the contract is at an end and such will not be proceeding to settlement. Again, this led me to believe the sale was over - why should I worry, he knew what he was saying - didnt he? He wouldnt write that if it wasnt correct. Consequently I was very comfortable that the deal was over and done with - I could go and resell, which is what I did.
If you need any further information to assist you, please contact me on my home number 9361 8133 or work 6258 5333. Whilst at work I dont have all the emails with me, but I should still be able to answer something.