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Answered in 14 minutes by:
6/26/2019
Maverick, Attorney
Category: New Zealand Law
Satisfied Customers: 8,614
Experience: 20 years experience as a civil trial and appellate lawyer
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1. When you say legal tender, are you accepting an assignment of the contract to you as a payment of debt owed?
2. Can you please upload the contract so we can better assist you?
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,268
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
VerifiedHi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please wait while I read the question so I can make the most useful response
It is not necessary to fill out the boxes which say which lawyer is acting for you or which agent may be acting. It is reasonably common for these to be left blank and it does not affect the validity of the contract. If these contracts were brought to your home to sign, but that was a surprise, that does not affect whether the contracts are valid and you could not cancel for this reason. Sometimes there are good grounds for cancelling the contract, but once you have signed the documents you are usually bound to perform the contract
Now that you have explained the background, I think it is very likely that you could cancel this contract based on the failure to comply with the conditions and the issues with the inappropriate pressure. The agent appears to have acted inappropriately, and you can also make a complaint about the agent to the Real Estate Authority. They would take a dim view of his behaviour and that would help any issues about cancelling the contract.
Specifically, the contract doesn't need to have the solicitors or agents particulars included at page 13. That is often omitted. But I think you might have grounds to cancel anyway for the other reasons which you have explained. I recommend you see your property lawyer to organise getting the contract cancelled and helping to make a complaint about the agent
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,268
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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