NSW Penalty at time of property settlement

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sri_p

Member
19 October 2024
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There were a few issues identified during the pre-purchase inspection and the real estate agent agreed to fix them before settlement. I had inspected the property before settlement and there were no signs of any work being done and I informed my solicitor about the potential delays. Despite many communications with the agent, the issues were not getting fixed and the settlement had to be delayed. Even after 12 weeks (settlement was standard 42 day settlement) the work was not complete and finally the vendor solicitor said that if I don;t settle the property then they would take by 10% deposit and exit the contract. So, having no other option I had to agree for settlement but again at the time of settlement they charged a penalty for delayed settlement again threatening that they would take the 10% deposit and walk away if I didn't agree. So I had to pay the penalty and settle the property. As I don't think that was a fair thing to charge a penalty for the vendor's delay, what would be the best approach to initiate action against the agent and the vendor?