WA Settlement dispute - delays in settlement and bank error causing further delays

[Melby]

Sold our property and agreed on a settlement date. Vendors requested a delay on settlement due to changing mortgage providers, a new settlement was negotiated. One date of settlement vendors were unable to complete. They continue to delay for 5 days. They were issued with a breach notice which then meant they would be responsible for the interest that was acruing on our mortgage due to delay. On the 5th day they lodged the settlement documentation to our bank 15 minutes prior to closing (please note that we now live in Victoria therefore a time difference). This then resulted in our bank making an error on the forms, delaying the settlement a further day. Interest money was held in trust as they believe that they should be entitled to the interest, as our bank “was not ready to receive settlement on that said date”. They are now claiming they wish to sue us over this. What are our legal rights after numerous delays from their part? This seems very unfair as we were extremely accommodating to their requests throughout all the delays.

 

[Atticus]

Don't know, but it seems a bit of a stretch that they seek compensation from you for a procedural mixup with your bank... Not really anything you contributed to..

I think I would just be suggesting some sort of compromise to get the deal done unless the amount involved is significant

 

[Rod]

The solicitor handling your purchase is the one to ask.. If you don't have one, it is time to get one.

Seems like you get 5 days interest and they get one.