NSW Conveyancing and Contract of Sale Queries

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Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney

James D. Ford - Solicitor

Well-Known Member
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Hi Tim,

"However, to avoid the debate altogether, there is nothing stopping the Vendor issuing a new notice to complete (with 14 days notice), and when your friend is unable to settle, they (the Vendor) could then validly terminate the Contract."

I was assuming Pam's friend is in no position to settle the Contract, and will not be in such a position anytime soon.

If for any reason the Vendor's Notice to Complete is able to be challenged on the basis that 7 days is not reasonable...

I was just stating that they (the Vendor) could remedy this by issuing another Notice to Complete, this time with 14 days (which cannot be challenged as being unreasonable)...

Pam's friend, will be unable to settle, and they (the Vendor) will have undisputable legal rights to terminate, and sue for damages... or to affirm and sue for specific performance.

Basically, I was trying to tell Pam that just because the conveyancer has identified a potential issue with the Notice to Complete, all is not solved!!

Kind regards