Question
In this part, read the following fact scenario and then answer the question immediately afterwards. You are a property professional who is acting for Polly
In this part, read the following fact scenario and then answer the question immediately afterwards.
You are a property professional who is acting for Polly Peru ("Polly"), a purchaser who is interested in buying a residential property.She has found a property that she likes and spoken to the real estate agent who is acting for the vendor.The agent told Polly somethings that didn't sound right, and she has emailed you to ask for your advice.Her email is below:
Hi
I've spoken to the vendor's agent about the apartment in the Whitcoulls building, and I am almost ready to put in an offer.Before I do, can you help me with some things that the agent has said?
The agent told me that the information in the unit titles disclosure pack should be all I need to know about the property, and that I can sign an unconditional contract.She said that I can rely on the requisitions clause to cancel the contract if any problem comes up afterwards.Is this true?I remember you telling me something about a due diligence clause, or may be a solicitor's approval clause - are these just as good as the requisitions clause?
Also, I want the apartment to be owned by my family trust ("The PP Trust") but the trust won't be set up before I need to sign the contract so I'm not sure who the trustees will be.The agent told me I can just write "The PP Trust" as the purchaser.Is that right?If not, what do you suggest is the best thing to do? I don't want to have the property registered in my own name because I am worried about liabilities.
Can you give me some advice please?I want to sign this contract tomorrow.
Thanks for your help,
Polly
Question: Having read the above fact scenario, write a reply email to Polly. You should tell her whether the agent is correct or not, and also answer her more general questions so that she can complete the ADLS SPA correctly when she goes to sign it tomorrow.
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