For more information, call the local office responsible for landlord and tenant issues.
It was not disputed that the post-dating of the cheque was inadvertent.
The purchasers said words to the effect that the auctioneer was not to bank the cheque until they advised the auctioneer that there were funds in their account or they replaced the cheque with a bank cheque.
reinforces the need for legal practitioners and real estate agents to take great care when exchanging contracts and taking deposits. Adams (the vendor) offered her Baulkham Hills property for sale by auction. Ma and his wife (the purchasers) for $1,050,000 and the parties proceeded to sign contracts in the presence of the auctioneer.
The purchasers gave the auctioneer a personal cheque for $105,000, which was post-dated 8 December 2014.
The court followed a line of authority that regards the payment of the deposit as being an so that the vendor can be confident that the vendor has a genuine contract.