14 September 2018
Purchase - Off the plan - Seller in default
My client is buying a unit off the plan. We have a settlement date soon - time of the essence. Last week the seller’s mortgagee advised that the seller was in default. We have received nothing in writing to that effect. The plan has not been registered so they may be unable to effect settlement. Who do we deal with for the settlement?
Thank you for the question.
Until notified in writing of either a court order or the seller having consented to the mortgagee taking over the sale, the purchaser must continue to deal with the seller, as registered proprietor.
Regards
Mentor
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