WA Contract - Offer and Acceptance of a Condition?

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Elizabeth25

Member
31 December 2019
1
1
4
Hi all,

My Mum has signed off a contract to purchase a property that includes one of her own conditions:

“Subject to Buyer obtaining deposit back from *** Aged Care Facility *** within 14 days after acceptance. If funds are not received by Date, the Contract shall be terminated and all deposit monies refunded in full”.


To be specific, the funds are coming from my Mum’s Refundable Accommodation Deposit (Aka RAD) that is being held by the aged care facility where she currently resides.

If she was to inform Seller’s agent in writing that she did not obtain the Funds by the due date, (see above Clause) could she easily walk away from the deal without being pursued by the Seller’s agent?

And is she legally obliged to provide written notice from the Aged Care Facility stating funds were not available to her?

Thanks
 
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Rickysingh

Member
26 January 2020
4
1
1
Hi All

My Mum has signed off a Contract to purchase a property that includes one of her own conditions:

“Subject to Buyer obtaining deposit back from *** Aged Care Facility *** within 14 days after acceptance. If funds are not received by Date, the Contract shall be terminated and all deposit monies refunded in full”.

To be specific, the funds are coming from my Mum’s Refundable Accommodation Deposit (Aka RAD) that is being held by the Aged care facility where she currently resides.

If she was to inform Seller’s agent in writing that she did not obtain the Funds by due date, (see above Clause) could she easily walk away from the deal without being pursued by the Seller’s agent?

And is she legally obliged to provide written notice from the Aged Care Facility stating funds were not available to her?

Thanks

Hi Elizabeth.

Yes your mum has to provide a formal written Notice from the Aged Care Facility stating funds were not available to her. Thanks

Hope this helps.. Thanks