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感觉这个确实有点瑕疵在里面。摘抄某律师网站。
https://www.lawyersconveyancing.com.au/faq/finance-faq/
“3. This contract is subject to the lender approving the loan on the security of the property by the approval date or any later approval date allowed by the vendor. The purchaser may end the contract if the loan is not approved by the approval date only if the purchaser:
(a) has made immediate application for the loan;
(b) has done everything reasonably required to obtain approval of the loan;
(c) served written notice ending the contract on the vendor on or before two business days after the approval date; and
(d) is not in default under any other condition of this contract when the notice is given.
Everything reasonably required
Some purchasers believe that the finance condition can be used as a “cover all” contract cancellation condition. For example, we are often asked if a purchaser can end a contract by simply refusing to sign or return bank documents, or failing to provide tax returns or pay slips, where this will inevitably lead to non-approval of the loan application.
Deliberately bringing about the failure of the loan application is likely to breach this clause of the finance condition.
。。。
Not in default
Assuming that the purchaser has complied with all of the requirements of the finance condition by applying for the home loan as soon as possible, trying hard to have the home loan approved, and serving written notice on the vendor within 2 days of the expiry date if the loan is not approved, there is one more condition to be satisfied before the purchaser can finally end the contract.
Conclusion
Any purchaser who is borrowing in order to complete the purchase of real estate MUST ensure that the purchase contract is made “subject to finance”. |
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