In Tasmania, the offer process for purchasing a property generally proceeds as follows:
- The purchaser makes a written offer to buy the property by completing and signing a contract for sale. This contract will specify the purchase price, deposit amount, settlement period, and any special conditions (such as finance approval or building inspection).
- The signed contract is submitted to the vendor (seller), usually through the real estate agent. The vendor may accept the offer as presented, reject it, or make a counter-offer by amending the contract terms and returning it to the purchaser for consideration.
- Negotiations may continue between the parties, with amendments to the contract, until both parties agree on the terms. Once both the purchaser and vendor have signed the same version of the contract, the contract becomes legally binding, subject to any conditions precedent (such as finance or inspection clauses).
- The deposit is usually paid to the real estate agent’s trust account within a specified period after the contract is signed.
- If the contract includes conditions (for example, subject to finance or satisfactory building inspection), the purchaser must take all reasonable steps to satisfy these conditions within the specified timeframes. If a condition is not satisfied, the purchaser may have the right to terminate the contract without penalty, provided the contract terms are followed.
- Once all conditions are satisfied or waived, the contract becomes unconditional, and both parties are obliged to complete the transaction on the agreed settlement date (typically 30 days from satisfaction or waiver of all conditions).
- On the settlement date, the balance of the purchase price is paid, and legal ownership of the property is transferred to the purchaser.
It is important to note that, unlike some other states, there is no automatic statutory cooling-off period in Tasmania unless specifically included in the contract. Purchasers should ensure they are satisfied with all aspects of the property and contract before signing, and that appropriate conditions are included to protect their interests.