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Ask Deborah Awyzio Your Own Question
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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I came looking info on selling

Customer Question

Hi, my name is Rich. I came looking for some info on selling an off-the-plan apartment contract (not due for completion until next December).
JA: Thanks. Can you give me any more details about your issue?
Customer: I signed for the apartment last April, but the company that I work for is going through a downturn, and redundancies are likely. I'm hoping I can sell the contract on to someone else and recover my deposit before construction is complete.
JA: OK got it. Last thing — Solicitors generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 7 months ago.
Category: Australia Law
Expert:  Leon replied 7 months ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.You have to look at the contract itself that you have signed. In most cases you cannot onsell without the consent of the original Vendor that sold to you.If that is not the case you can have a new contract prepared and you can sell the property. It is best that you also deal with the same agent that is on the contract you signed to make it simpler.It can be done but you need to see what your contract says about this.I hope this makes sense?
Customer: replied 7 months ago.
Hi Leon,The vendor is aware of the situation and is happy to sell the contract on to another buyer, minus advertising fees. The contract is of the predictably opaque variety and I just want to make sure there isn't anything hidden in there that will come to bite me in the ass.I've never bought property before, or sold any, so a lot of the process is alien to me. My understanding at the moment is if I pay to advertise through the vendor (Castran Gilbert here in Melbourne), and they find a buyer, I won't be eligible for any additional fees.Do you want to see the contract?
Expert:  Leon replied 7 months ago.
Good AfternoonDo you have a solicitor acting for you on the purchase?
Customer: replied 7 months ago.
No, just myself and the real estate company so far.
Expert:  Leon replied 7 months ago.
Then you have to go and have the agent prepare a new contract and make sure that it is the same as the one you signed.

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