Instructions for Conveyancers when Buyer defaults during Unconditional Period

Modified on Tue, 15 Sep at 2:08 PM

[Property Address / Matter Ref]

Settlement remains set for [Time] on [Date]. Please proceed with the following:

  1. Confirm by return email that our PEXA workspace is finalized and we are ready to settle tomorrow.
  2. Independently verify details for [Purchaser’s Representative], confirm in writing that they represent the buyers and request their position on [tomorrow's] settlement. Advise them that all formal notices will be served on their office if settlement fails. Direct all future communications through [Opposing Firm] only—not via our agent.
  3. Prepare a combined default and rescission notice today for service tomorrow afternoon if settlement fails. Include particulars of default, penalty interest, reasonable costs and the standard fourteen (14) day remedy period.
  4. Issue a formal demand for the unpaid deposit balance of $[Amount] due at settlement.


Extension Terms

Do not agree to any variation or extension without our written instruction. Any requested extension must require:

  1. Immediate deposit of $[Amount] into the @realty trust account.
  2. Accruing penalty interest from the original due date.
  3. A fixed and final settlement date.

Please confirm receipt and action on these steps by [Time] today.

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