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What is a Cooling Off Period?

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Delving into home ownership

 

Have you ever found the perfect waterfront property for yourself or for a residential property investment, then hesitated on buying because you may regret the decision? This lens will give an overview on the cooling off period and if it applies to you.

So what exactly is it? 

A cooling of period is a time frame of three business days after the signing of a contract by a purchaser when he may change his mind and withdraw from the sale. It does not apply to the vendor; only the purchaser. It applies only to residential properties - with no price limit - not commercial ones.

When does a cooling off period apply? 

A cooling off period is not applicable to a property that is bought at an auction. Nor does it apply if the buyer is a company or estate agent. And if the buyer has sought independent legal advice before signing, it does not apply either.

How does it work? 

When the purchaser exercises this cooling off period, he must be reimbursed for nearly all the money that he has paid, which usually consists of the deposit. The excepted amount is either $100.00 or 0.02% of the purchase price whichever is the greatest.

The three days begins from the time the purchaser signs the agreement, whether or not the vendor has signed it. If the vendor does not sign for three days, then the cooling off right is lost. But the purchaser can still withdraw from the sale on the basis of the vendor not signing. If a contract does not contain a cooling off clause, then the purchaser may withdraw from the sale at any time.

Resources on Amazon 

Be a Real Estate Millionaire: Secret Strategies To Lifetime Wealth Today

Amazon Price: $16.47 (as of 10/13/2008)

The Millionaire Real Estate Agent: It's Not About the Money...It's About Being the Best You Can Be!

Amazon Price: $14.93 (as of 10/13/2008)

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Online resources 

Property investment
Property developer in Perth, WA, Australia.
Cooling off period
More about the cooling off period from the Queensland government website.
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marthahark

About marthahark

27 year-old Australian (no, this is not a dating profile!) venturing into the world of real estate and home loans after several years in the IT industry. I'm learning as I go, so researching tips and tricks helps me as much as it will (hopefully!) help you.

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