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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22809
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I was negotiating to buy some land. I signed an agreement

Customer Question

I was negotiating to buy some land. I signed an agreement with the Land Agent, and was to pay a deposit on the 10th June. Within that time a geo thermal test came back as showing not suitable to build on, so I said I would not be going on with the deal, and would not be paying deposit on 10th June.
However Land Agent had directed me to lawyer to arrange conveyancing, and I am now wondering if conveyancing should have been commenced before agreement was finalised, as with paying a deposit on the 10th and making it binding.
Your advice would be appreciated. Cheryl
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
You should not have signed without a clause saying subject to lawyers approval which is prudent and normal practice. At present you may be bound by the contract and could be liable for damages if you do not complete the contract. You should also have had a clause about LIM approval from the council. The agent should have put these aides in the contract and you must ask why they did not.

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