I was wondering if anyone had experienced a similar situation and what are the legal implications.
My defacto partner signed a contract to purchase a land and house package with in a new development in Mandurah. She paid the deposit and the block is due to settle in the next month when titles are issued.
Unfortunately, she is unable to raise the finance to pay the purchasing costs. She contacted the developer to inform them of this and thought she would loose her deposit ($10k) but would be let out of the contract.
However as the contract stated that this was an "unconditional deal" I've been told that there is no way out and if she doesn't pay she will be sued.
The bottom line is we have no way of paying and I have had a letter drafted by a lawyer to this effect.
Anyone else been through this? Are the developers likely to sue?
Any advice greatly appreciated,
Regards,
Aidan
My defacto partner signed a contract to purchase a land and house package with in a new development in Mandurah. She paid the deposit and the block is due to settle in the next month when titles are issued.
Unfortunately, she is unable to raise the finance to pay the purchasing costs. She contacted the developer to inform them of this and thought she would loose her deposit ($10k) but would be let out of the contract.
However as the contract stated that this was an "unconditional deal" I've been told that there is no way out and if she doesn't pay she will be sued.
The bottom line is we have no way of paying and I have had a letter drafted by a lawyer to this effect.
Anyone else been through this? Are the developers likely to sue?
Any advice greatly appreciated,
Regards,
Aidan
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