All Topics / Legal & Accounting / Due Diligence

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  • Profile photo of ogilvyogilvy
    Member
    @ogilvy
    Join Date: 2006
    Post Count: 32

    OK here is the question.

    You make an offer on a property that is accepted.

    You put down a deposit and sign a contract to take it off the market (buy it).

    Are you allowed to put a clause in the contract that says, I as the buyer have the right to withdraw from the sale without penalty if building/pest checks etc dont come up to scratch.

    Is it common? Or is this the general way property is bought ?

    Is a more common way actually doing pest/building checks before you sign the contract?

    Cheers for anyone with some info ![jerry]

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I think that it common. It you do the inspections before signing, then they could sell to someone else in the meantime – leaving you out of pocket.

    Terryw
    Discover Home Loans
    Parramatta
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    Profile photo of celesteceleste
    Participant
    @celeste
    Join Date: 2005
    Post Count: 169

    HI

    It is common practice in Perth to add subject to clauses:

    common ones are

    pest control
    building inspection
    finance
    and my new one – subject to me ringing the Stata Manager to check on any potential expenses other than normal levies and that I can pull out if I do not agree with them. ie pending liability suits / new roofs etc I am finding that this info is not always in the last strata meetings minutes.

    though in Perth we use a standard REIWA offer and acceptance form and settlement agents, this may be different in the East,if I am correct you guys use solicitors for settlements????? and I do not remember what form the offer and acceptance was???is it a standard form or contracts drawn up by solicitors??? it was 1988 when I left Melbourne

    Celeste

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