An Australian home buyer has lost nearly A$100,000 after paying his property deposit two days late, a ruling that experts warn could also occur in New Zealand under similar contract terms.
The Queensland Supreme Court found the buyer breached an essential condition of the sale contract by failing to lodge the full deposit on the day the agreement was signed, despite partial payments and text exchanges with the real estate agent suggesting a short delay was acceptable.
The judge determined the agent had no authority to vary the contract, allowing the seller to terminate the deal and retain the deposit plus interest.
Massey University banking expert Claire Matthews told state media a comparable outcome was legally possible in New Zealand, though uncommon, describing the situation as “morally wrong even if legally correct” and urging buyers to seek legal advice and arrange payment limits with their bank in advance to avoid similar losses.
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Sue the agent.
Most people don’t realise this. The REINZ and law society sales and purchase document has remedies.
The document has different names pending what stage it is at.
1. It is an offer.
2 it is conditional contract.
3. It becomes a contract.
The conditions are not just those added. They deal with virtually every situation. Most deposits are paid when the further terms are met. These documents are ajusted when laws change or higher court decisions become references.
If the deposit has not been paid in full, The agent notifies both solicitors or conveyancors by email. Effectively it becomes the solicitors issue to deal
Those who hold the agent, branch manager or salesperson licence are not lounge acts. They market businesses and farms as going concerns including all the books. Many who join are overwhelmed with the process, paperwork, procedures and risks.
The market crash isn’t something for the renters to be happy about in the medium to long-term. It lowers rent for sure. The next step is the dwelling you rent will become unviable and sell. The worst is banks will limit their exposure in nations who are not performing.
Both the left and right parties need to listen more to thier economists. I believe the lack of citizens in NZ is the root cause of the problem we all now face. Essentially, people can’t afford to live in NZ.