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WA ANZ Bank Cancelled Home Loan - Breach of Contract with Seller?

Discussion in 'Debt and Bankruptcy Law Forum' started by RDG68, 29 January 2016.

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  1. RDG68

    RDG68 Member

    29 January 2016
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    Can anyone direct me to any part of the credit legislation that deals with the following situation, please?

    I made a home loan application with the ANZ bank but lost my job and income the day before the loan was approved. The bank issued loan approval to the seller's agent without knowledge that I had lost the income I used in the application. I subsequently informed the bank whereupon the loan approval was canceled.

    The seller is claiming damages from me for breach of contract and I am still out of work after 12 months with no way to pay.

    I'm sure there must be something in credit lending law that protects me and the bank from executing a loan where I cannot afford to pay it back?

    I felt it would have been fraud on my part if I had not declared my loss of income to the bank. Is this correct? Is there something that I can rely on to show I had an obligation to declare my change in financial circumstances?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    It would not be breach of contract on the part of the bank if you had not signed anything yet or if they were acting in accordance with a term of the lease agreement that allowed them to cancel in just such an event. However there may be grounds for promissory estoppel - whereby you may be able to recover loss from the bank as a result of relying on its representation of approving your loan. If the seller is taking legal action against you I would speak to a lawyer about it.

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