
How Not to Lose your Deposit on a "Subject to Finance" Contract
This was a fight that went to trial, and then on appeal, over a $13,000 deposit in a "subject to finance" contract. In Hauff & Anor v Miller [2013] QCA 48, a Buyer entered into a contract for a $600,000+ property and chattels in Port Douglas, paying a $13,000 deposit. The contract was "subject to finance" as follows: "This contract is conditional on the Buyer obtaining approval of a loan for the Finance Amount ($400,000) from the Financier (ING) by the Finance Date (10/9/