26/11/2024
The cooling-off period allows a purchaser to cancel a contract for the sale of real estate within three clear business days of signing the agreement. It is important to note that this period begins from the day the purchaser signs the contract, not the day the vendor signs it.
To exercise this right, the purchaser, or their legal representative, must provide written notice to the vendor or the vendor’s agent, indicating their intention to cancel the contract. This notice can be delivered in person or sent to the vendor's or agent’s address, as long as it is done within the three-day period.
If the cooling-off right is exercised, the purchaser is entitled to a refund of the money they have paid, minus either $100 or 0.2% of the purchase price, whichever amount is greater.
However, the cooling-off period does not apply in certain situations. For example, it is not available if the property was purchased at or within three business days before or after a public auction. Additionally, it does not apply if the property is primarily used for industrial or commercial purposes, if it exceeds 20 hectares and is used for farming, or if the purchaser and vendor have previously signed a contract for the same property on substantially the same terms. The cooling-off period also does not apply to estate agents or corporate entities.
For more information, please contact Goodwill Conveyancing at 0433 036 651 or email us at [email protected]
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