VIC Conditional vs Unconditional Offers

[Michaeleeee]

Hi guys, we just sold an off the plan townhouse to a buyer subject to two conditions.

1) Get final endorsed plans from Council by 31 July ( meaning no endorsed plans, no sale)
2) Makes changes to the layout during construction phase.

My agent and conveyancer are giving me different answers so i thought i should ask here too. My question is, let's say we can't get the endorsed plans by 31st July, i assume we will need to refund the full 10% deposit PLUS agent's commission if the buyer pulls out. Am i correct? My conveyancer said we do no need to pay the commission as there is no sale, my agent claims otherwise.

Thanks.

 

[Rod]

Either of you could be right. You need to look at the agreement you have with the agent.

 

[Michaeleeee]

Either of you could be right. You need to look at the agreement you have with the agent.

Hmm it's just a standard REIV contract. That's why I am a bit confused. Thanks.

 

[Rob Legat - SBPL]

I think Rod means your engagement agreement appointing the agent to sell the property, not the actual contract of sale.