30/05/2023
PROPERTY SELLERS BEWARE...
MBC has encountered unethical, unscrupulous buyers who do not comply with land contract terms and go AWOL when it's time to settle.
One interstate buyer from Melbourne, VIC had one vendor on the hook only to let them go when it came to completing settlement as per their legal obligation to the contract.
The scam was just too easy for this buyer. He made sure that when it came time to pay the deposit, it was not paid. He then went on to disregard his obligations under the contract when it became unconditional.
This was done for 2 reasons:
1. A contract is not legally binding until consideration (money) is exchanged. In the case of a contract for property, the consideration is the deposit, payable immediately after cooling off expires. If not paid, there is no contract.
2. If a purchaser defaults under a contract for property, they face numerous penalties, including loss of the deposit to the seller.
So, by not paying a deposit, a bogus purchaser gets away with not completing the contract if the vendor does not enforce the contract through the courts.
Recently, we saw incidences where the deposit was not paid when due. We believe this was deliberate on the part of the purchaser to avoid penalty should they suddenly decide to back out of the sale.
It is the realtor's responsibility (as agent for the vendor) to ensure an invoice is issued and the deposit is paid on time and pursuant to the terms of the contract. Vendors should ensure their agent is keeping track of their contract with the purchaser. It is prudent to have a conveyancer on board to monitor contract terms and conditions to ensure they are being met for the vendor.
The deposit is arguably the most important aspect of a contract of sale. Without it, there is no contract under Australian law. In our experience, the unethical buyer will not hesitate to exploit this element of contract law costing sellers time and money, not to mention a great deal of stress.