Ask a question
32 Responses
More guides on Finder
-
What you need to know about real estate underquoting
This guide discusses what underquoting means, how it works and how you can protect yourself from agents using this tactic.
-
Should you rent or buy?
Are you still renting but have been thinking about buying? Find out what you'll need to know in the great debate of renting vs buying.
-
Should I make a pre-auction offer on a property?
A guide to making a pre-auction offer, how to do it properly, when to do it and when not to do it.
-
What is a Section 32 or Vendor’s Statement?
We run through Section 32 statements and talk about what important facts are contained in these documents.
-
What is a Section 173 Agreement?
A Section 173 Agreement is a contract between a local council and a landowner about what can be done with the land. If you own property in Victoria, learn about how Section 173 Agreements work here.
-
Sinking fund and strata properties: What you need to know
A sinking fund is an essential financial plan for any strata scheme, allowing the owners’ corporation to set aside funds for future capital expenditure.
-
What does “under contract” mean?
The words “under contract” don’t necessarily mean that a property sale is a done deal. Find out more about this term here.
-
Rent to buy schemes
Owning a home through a typical rent to buy scheme is often described as a scam. But this may be changing, at least in Victoria.
-
Buying at auctions – expert tips to come out on top
Auction tips for buyers: arm yourself with insider strategies so you can negotiate and out-bid the competition when buying a property.
-
Joint home loan: Tips for co-buying property
A joint home loan could be your ticket to home ownership with a spouse, friend, relative or partner. Learn more about joint home loans and compare offers today.

My convayancer has just told me that he will charge us 10% of the penalty interest due to the buyer not being ready to settle
Can they do that
I live in sydney
Hi Sharon,
Thanks for your inquiry
Generally, contracts of sale give the vendor the right to delay the settlement for at least two weeks without penalty. Usually, the buyer will be penalized for the delay in settlement. The vendor can cancel the contract and even choose to sell the property to another party. However, the solicitors may also charge you extra if you delay the settlement. In the event that the purchaser is not able to settle by that date, the vendor may be able to terminate the contract and (among other remedies) keep the purchaser’s deposit.
Hope this information helps
Cheers,
Arnold
Hi, if I have paid my 10% deposit and allowed the vendor to get the deposit on an early release but I don’t have enough money to buy the house at settlement, what happens? I didn’t need a loan to buy the house but I used some money for an emergency. Thankyou
Hi Sebastian,
Thanks for your inquiry
Conveyancing laws vary from state to state, so it’s essential that you obtain expert advice from a conveyancer in your local jurisdiction. This can be avoided if the vendor understands and is okay with the delay. It would be best to speak with the vendor and discuss your situation with them before seeking advice from a conveyancer.
Hope this information helps
Cheers,
Arnold
My divorce settlement is yet to come through, delays from my ex husband. It looks like I will be unable to settle in my new home. I am currently renting the house until settlement. What happens if I can not settle on time? Lose my deposit?
Hello Claire,
Thank you for your comment.
Please note that delayed settlement can cause you to incur expensive penalty interest if you are responsible for the delay. While the details change slightly depending on the state where the sale is taking place, typically the seller can do a number of things if the settlement date is delayed by the buyer.
– They can charge penalty interest – the interest amount will have been detailed in the contract.
– They can keep the deposit and cancel the sale all together.
– They can issue a Notice to Complete. A Notice to Complete is a legal order that makes a timely completion of settlement the most important thing for the buyer. If the settlement does not happen on the new completion date, the seller may be able to terminate the contract, keep the deposit, and possibly sue the buyer for additional damages.
Best to obtain expert advice from a conveyancer in your local jurisdiction.
Regards,
Jhezelyn
my son is purchasing a property in qld. It was represented as having a pool. the pool pump does not work on his inspection. Can he delay settlement until this is fixed of can he have money retained on settlement until this is sorted.
Hi Francesca,
Thanks for your inquiry.
Yes, your son could delay the settlement if, upon inspection, he found a faulty pool pump. Did he already mention this to the seller? Might as well your son should communicate with the seller about this so the seller could act on the repair and both parties can agree on terms. Moreover, it would be best that your son will also speak to a conveyancer in his state for an expert advice.
Cheers,
May
I am a seller in Victoria and need to postpone settlement by 2 months due to delay in construction of my new home. Do I have rights to postpone settlement and do I need to pay any damages to buyer? Thanks
Hi Jeevz,
Thank you for getting in touch with Finder.
In Victoria, a purchaser doesn’t have a right to receive penalty interest if a vendor delays settlement. You may also want to read more on property settlement for more details.
I hope this helps.
Have a great day!
Cheers,
Jeni