All Topics / Help Needed! / How would you word these clauses in a contract?

Viewing 5 posts - 1 through 5 (of 5 total)
  • Profile photo of crystalleezcrystalleez
    Participant
    @crystalleez
    Join Date: 2006
    Post Count: 19
    How do/would you word the following clauses in a contract? I gather, for example "subject to finance" is not as thorough as it needs to be. Or it is?
    – Subject too building inspection
    – Subject too pest inspection
    – Subject too finance

    Also, what if I want to make an offer on the property without seeing it yet. Would "subject too inspection of the property being satisfactory to the purchaser" do?
    And if I need to deal with an owner that is overseas and therefore need to do business via fax/email. Does "subject too signed or faxed copies of documents being accepted as contract" sound alright?

    Any comments or suggestions would be great, thankyou.

    Profile photo of L.A AussieL.A Aussie
    Member
    @l.a-aussie
    Join Date: 2006
    Post Count: 1,488

    Hi crystalleez,

    firstly; “too” should be “to”.
    With clauses, you want to be as detailed as possible, otherwise a smart lawyer in the event of a dispute will twist things.
    For example; “subject to finance” could be;
    “Subject to the purchaser obtaining written approval for finance from XYZ Bank in the amount of $XYZ, on or before XYZ date from the signing of the contract to purchase XYZ property by both the Vendor and the Purchaser. Finance not obtained from the aforementioned XYZ Bank by the aforementioned date will deem this contrat void immediately, and will be verified in writing to the Vendor or their agent by the Purchaser within the end of 2 business days of the expiration of this clause”.
    Something like that.

    With the building clause; list as many parts of the building to be in “‘fair and reasonable condition with respect to tha age of the property’, and in the event of the building inspection not being to the satisfaction of the Purchaser, the Purchaser reserves the right to void the contract, or deduct the estimated cost of repairs to XYZ to return it to a “fair and reasonable condition given the age of the property” from the purchase price, or the Vendor will repair the property to the satisfaction of the Purchaser. The building inspection will be conducted by a suitably qualified building inspector, chosen by the Purchaser, and must be completed by XYZ of the date of both the Vendor and the Purchaser signing the contract etc”.
    Something like that.

    The agents will try to persuade you to use their “standard clauses” – these are designed to favour the Vendor and the agent to get a sale. Never use them.

    Agents don’t like these types of worded clauses, but who’s taking the risks?? If they don’t like your clauses, take your chequebook somewhere else. Another deal of the century will turn up in about an hour.
    Protect yourself.

    Profile photo of crystalleezcrystalleez
    Participant
    @crystalleez
    Join Date: 2006
    Post Count: 19

    Thanks Marc,

    Sorry about the "too", I realised after I'd shut off my computer :S
    I'll be copying down those clauses you mentioned and taking that to the REA shortly. I feel much more protected with the added details.
    Much appreciated.

    Profile photo of 888Abundance888Abundance
    Participant
    @888abundance
    Join Date: 2005
    Post Count: 60

    Crystal

    It doesn't sound like you've lined up a solicitor yet for your purchase.  Any decent lawyer would haver advised you on the above.  In addition, sometimes they advise for the contract to be sent to them as your rep before signing anything (so the opportunity is there to amend or add in any clauses).

    Some people may view this as time-consuming and could be a factor in jeopardising a deal?  However, a good solicitor should be able to brief you in either circumstance (ie whether to wait for them to view the contact first; or proceed with some std instructions and use the cooling off period).  I've operated in both situations in several different states.

    Seems to me that having a solicitor on board (as you already seem keen to buy) is a critical member of your team.  In addition, when you sign the contract (or contract note), you will be asked who your solicitor is?

    As a first time buyer, I 'd be careful in developing your own 'provisions' when it's just as simple to get an expert that is a necessary player in the transaction, anyway.

    Profile photo of L.A AussieL.A Aussie
    Member
    @l.a-aussie
    Join Date: 2006
    Post Count: 1,488

    Good point there;

    But why not do both things; word your own clauses and then run them past the solicitor. They will hopefully point out any changes needing to be made.

    The reason I say this as many solicitors and accountants are not proactive – they do what you ask and no more. It is vital that you educate yourself as much as possible and try to be on a par with the suits.

    I think I would rather find out before hand that my solicitor is not on the ball than after signing an unconditional contract.

Viewing 5 posts - 1 through 5 (of 5 total)

You must be logged in to reply to this topic. If you don't have an account, you can register here.