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Contracts ConveyancingSAHARD

Under a typical South Australian sale contract with a finance condition, what happens if the purchaser has not obtained finance approval by the specified date?

Correct Answer

D) The purchaser must give notice under the clause, and the contract then ends on its terms

Standard SA sale contracts make the finance condition operate through notice: a purchaser who has not obtained approval must give the vendor notice in the way the clause requires, and the contract then ends in accordance with its terms, usually with the deposit refunded. The exact wording and deadline come from the contract, so the purchaser's conveyancer should act before the finance date.

Answer Options
A
The contract ends automatically on the finance date, with no notice needed from anyone
B
The purchaser automatically forfeits the whole deposit because the condition was not met
C
The vendor may extend the finance date as often as it likes without the buyer's consent
D
The purchaser must give notice under the clause, and the contract then ends on its terms

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Related Topics & Key Terms

Key Terms:

subject-to-finance clausenotice requirementcontract termination
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