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Can I ask for an extension to the cooling off period?

I agreed to purchase a property a couple of days ago but now my bank is asking for documentation that I don't have. It's going to take a while to get that documentation to them and I don't know if the finance will be approved. I just need more time. Can I ask for an extension to the cooling off period?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 28-10-2015
1 Lawyer Answered
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  1. Conveyancing
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Neha Sharma, Hillsdale 2036 NSW

  • A cooling off period is usually for a period of 5 business days from the date of the exchange of contract but it can be extended at any time before its expiration.
  • If requested by you (the purchaser) your lawyer can provide the vendor’s lawyer with a written request for extension of cooling off period. It is up to the vendor to accept or reject the request for an extension.
  • It is always good practice to finalise your finances prior to entering into a contract of sale.
  • Even if you rescind the contract as is your right during the cooling off period you will have to pay 0.25% of the purchase price as a penalty.

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