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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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IS IT ETHICAL/ LEGAL TO ASK A VENDOR TO SIGN A SALES CONTRACT,

Customer Question

IS IT ETHICAL/ LEGAL TO ASK A VENDOR TO SIGN A SALES CONTRACT, STATING THAT A DEPOSIT HAS BEEN PAID, BUT A DEPOSIT HAS NOT BEEN PAID? WHAT ARE THE VENDORS RIGHTS? IN THE INSTANCE OF A "SALE" AT A LATER DATE TO A DIFFERENT PURCHASER, IS THE VENDOR STILL LIABLE TO PAY THE AGENTS COMMISSION?
IN THE INSTANCE OF A PROPERTY BEING SOLD, AND A DEPOSIT TAKEN, IS IT LEGAL/ ETHICAL TO MAKE A PARTIAL DEPOSIT UNTIL AN UNCONDITIONAL PERIOD IS ATTAINED?
WHEN A VENDOR MAKES A COUNTER OFFER SUBJECT TO CERTAIN CONDITIONS, IE, "UNCONDITIONAL IMMEDIATELY", "NOT SUBJECT TO FINANCE", AND THESE CONDITIONS ARE NOT INSERTED INTO CONTRACTS, BUT VENDOR IS ASSURED THAT THIS IS "JUST A STANDARD CONTRACT AND ALL IS OK", THEN CONDITIONS COME UP AFTER SIGNING.
I APPRECIATE YOUR READING OF THIS,
NEVILLE
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane.Lawyer replied 1 year ago.
Hi Neville Real estate agents must abide by a Code of Conduct. You will have signed an agreement appointing the agent... and generally agents do not get paid any commission if they do not generate an unconditional sale of a property. Parties can agree to any commercial terms, including partial or initial deposits, periods of due diligence, subject to finance, etc. A vendor can make a counter offer.. on the terms you have indicated. As a vendor your counter offer should be in writing and made on the Contract... if the agent does not make the changes you and/or your lawyer can make the changes.. however, you should not sign a counter-offer or any Contract unless you are satisfied with the contents of the offer. We always recommend seeking legal advice prior to signing any Contract. Any conditions need to be specified in the Contract. If an agent is not allowing you time to read the Contract or to seek legal advice.. prior to signing, this could be a breach of their fiduciary duties, and you may have legal grounds against the agent. Neville, what is the current situation? Are you locked in a Contract, that you are not happy with? Please advise. Kind regards, James

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