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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44644
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I sold my house last week, the buyers placed their .25% deposit

Customer Question

I sold my house last week, the buyers placed their .25% deposit which was approx. $2100. Tey had their building and pest report done. The cooling off period ended at 5pm today where they then needed to pay the 10%. I received a txt this morning from the agent to inform me tat that had asked for a $4k reduction in price and that he had said no and when the conveyancer called me to tell her that also which I did. She then called me this afternoon to say the buyer wanted a $790 reduction in price due to a water stain on the laundry ceiling. I asked her for her advise, she said that I could say yes, say no or maybe offer half to get the sale. She said they were going to pull out of the contract if I didn’t accept. I told her that I would consider this and call her back in 5mins.I called her at 2.50pm and asked her that if they pull out wouldn’t they loose their initial deposit, she said yes. So I said why wouldn’t you tell me that and I am saying that if they want to loose $2100 to save $790 that’s ok, but my answer is NO discount. At 4.45pm, I called her to see what was going on as I hadn’t heard anything at it was nearly 5pm.She casually and smugly said this has all been fixed. I asked what does that mean? She said that the agent would pay the $790. I was upset and said No and why was I not advised of this She then said that I was ungrateful as they had been dealing on tis matter all day, she was rude. I told her that she was supposed to be representing me and that what I pay her for. She became even ruder, I was upset and told her that I did not want talk to her. I then called the agent who said that he thought I would be happy with this, I again said no and told them to cancel this. He rang me back in about half hour saying that because it was after 5pm it was too late and they were going to buy the house anyway. He said that he was sorry but had only my interest at heart. I also received a long txt from the conveyancer apologising for her bad behaviour towards me. I would like some advise if the events of today is legal and what are my rights here. Can you help me please?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good MorningMy 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 cannot cancel the contract only the purchasers can on a cooling off. I am sorry but there is nothing you can do. You can complain against the agent to the department of Fair trading. This is all you can do. It appears that you had not had the cooling off period explained to you from the beginning and this is the agents fault. There is very little that you can do apart from complaining to the agent. The agent has reduced their commission and you have to make sure that you get what you are entitled to at the end and this is your conveyancers job now to make sue that you get the money you are entitled to and the balance of the deposit. I am sorry I cannot give you anything more positive If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon