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WA Property Law - Seller Failed to Hold Up Their End of Settlement?

Discussion in 'Property Law Forum' started by adsey8, 16 February 2016.

  1. adsey8

    adsey8 Member

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    I have recently purchased my first home and am currently now 3 weeks past settlement.

    My side of the transaction is fully up to scratch and ready to go. The seller has said property and one other property. The seller is a single name on the title but is part owner of the second property with their partner. Both properties are in a joint mortgage, requiring the partner to sign release of mortgage form.

    The seller's partner will not sign the form, meaning we are now stuck.

    My question is, where do I go from here under Property Law? Do I just sit and wait for what seems might take months and months? Or is there something I can do to twist their arms to get them to sign?

    We vacated our rental property 6 days after the contracted settlement date allowing for a few mishaps along the way.

    Somebody please help!
     
  2. Tim W

    Tim W Lawyer

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    Are you using a conveyancer or a solicitor?
     
  3. adsey8

    adsey8 Member

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    Hi.
    Yes we are using a solicitor
     
  4. Tim W

    Tim W Lawyer

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    <nods>
    That's some comfort.
    Be guided by the advice of the lawyer you have - advice and question-answering is part of what you are paying them for.
    So feel free to ask them what your particular options are.

    Do you know anything else about the delay?
    For example, if the house is being sold as part of a property settlement in a family law matter?
    Or is there some more complex aspect (such as bankruptcy, or negative equity)?
     

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