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10% deposit, 10 per cent deposit, ten per cent deposit, Notice to Complete, Notice of Termination, property seller, property buyer, property sale, property transaction, property dispute, real estate dispute, settlement, completion, default, land titles office, mortgagee, settlement agent, termination of contract, completion date, settlement date, Corporations Act
06 Aug 2019

“They have no right to keep the 10% deposit after the land sale fell through.” Which case won?

A case in NSW revolved around the question of whether or not a property seller was entitled to keep the buyer’s 10% deposit after the sale fell through.

On 23 October 2014, two companies entered into a standard NSW contract for the sale of land with a sale price of close to $2 million. The contract specified a fixed completion date of 30 January 2015 and a paper-based settlement.

The contract required that the buyer prepare and provide the seller with the form of transfer of the property at least 14 days before the completion date.

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