Im needing inputs again please
basically we have been past a sunset clause of 31-1-18 and now we have cancelled our contract.
we have been advised by the solicitor that the vendors solicitor said part of the deposit was released to the agent as commission.
we confirmed with the agent and he said no and they only get commission upon settlement, which never happened.
our solicitor kept on insisting that we have not cancelled the contract since there is a dispute. But 3 days ago we were given a go ahead to offer in a new property which we are in the process of going unconditional.
our solicitor is urging we dont go uncondiional because we are still in the contract which even a monkey can deduce that it has been cancelled. No house by sunset clause- cancelled contract.
he gave us two options to get our deposit back- wait again for the house to complete (vendor suggested extension of sunset clause to 9 march 2018 but no assurance of completion and we have fallen in love with another property) and look for a barrister (i guess to sue the vendor?) i mean there is nothing to sue because its clear its a breach of contract and we only want or deposit back.
this solicitor of oura sounds dodgy. It seems like he is getting aomething out of if we settle. It is not what we were hoping for and thought he would fight for our deposit.
what are your 2c? Change solicitor? All our kiwisaver funds are with them and they might hold it from us. Excuses after excuses. We just want to move on.
basically we have been past a sunset clause of 31-1-18 and now we have cancelled our contract.
we have been advised by the solicitor that the vendors solicitor said part of the deposit was released to the agent as commission.
we confirmed with the agent and he said no and they only get commission upon settlement, which never happened.
our solicitor kept on insisting that we have not cancelled the contract since there is a dispute. But 3 days ago we were given a go ahead to offer in a new property which we are in the process of going unconditional.
our solicitor is urging we dont go uncondiional because we are still in the contract which even a monkey can deduce that it has been cancelled. No house by sunset clause- cancelled contract.
he gave us two options to get our deposit back- wait again for the house to complete (vendor suggested extension of sunset clause to 9 march 2018 but no assurance of completion and we have fallen in love with another property) and look for a barrister (i guess to sue the vendor?) i mean there is nothing to sue because its clear its a breach of contract and we only want or deposit back.
this solicitor of oura sounds dodgy. It seems like he is getting aomething out of if we settle. It is not what we were hoping for and thought he would fight for our deposit.
what are your 2c? Change solicitor? All our kiwisaver funds are with them and they might hold it from us. Excuses after excuses. We just want to move on.
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