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Signed contract in March for townhouse that is

Customer Question
Signed contract in March...

Signed contract in March for townhouse that is unsatisfactory. How much money & chance for legal claim to exit contract?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NSW

Lawyer's Assistant: Has anything been filed or reported?

Only verbally, - except "average" building report (for 1.3 m tiny townhouse) that we forwarded to agent/builder

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We want out - willing to pay compo

Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/19/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,327
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. Kind regards ***** *****

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Solicitor: John Melis, Lawyer replied 8 months ago

Where the town house has substantially changed to the off the plan contract that was signed, there may be a possibility to rescind (cancel) the contract.

Have you had an independent building inspector assess the property yet to determine the level of variance to the contract.

You contract will be the key point to determine if you have an out.

Was your contract subject to finance ? And when is settlement due ?

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Customer reply replied 8 months ago
We have no copy. Done by conveyancer. Buildin inspection report came back "average" . Floor tiles "dummy" ie will break. Finish of the place poor.Buying with cash, due to settle Wednesday. Possible 10 days more.
Customer reply replied 8 months ago
Interested in how much specialist lawyer will charge to take it on?
Customer reply replied 8 months ago
Want to negotiate an exit.
Solicitor: John Melis, Lawyer replied 8 months ago

Based on the building report and if there were major differences, you can instruct your conveyancer to rescind the contract.

You will need to obtain a copy of the contract of sale. Can you get this from your conveyancer.

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Solicitor: John Melis, Lawyer replied 8 months ago

Would you like to discuss this matter on the telephone ? I have extended a special offer to you if you prefer.

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