All Topics / Legal & Accounting / Help on a clause

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  • Profile photo of KiwijockeyKiwijockey
    Member
    @kiwijockey
    Join Date: 2004
    Post Count: 3

    Hello all first time poster here.

    I want to put an offer in on a house that is 2/3 complete and has had it’s price dropped by over 10%.
    How would I word a clause that details the purchase price is the price of the house completed up to living standards and not skimped on the remaining part of the building because i have purchased 2/3 of the way through completion.
    I would like to buy the house livable but do the following myself,

    Painting
    Wallpapering (if any)
    Landscaping
    Fences
    Curtains / Drapes

    I have a feeling that if I offered a fair to low price now, and the offer was accepted the builder would do the rest of the job on the cheap.

    Any help is appreciated thanks [cap]

    Profile photo of DerekDerek
    Member
    @derek
    Join Date: 2004
    Post Count: 3,544

    Hi Kiwi,

    A point of clarification – are you buying the property off the builder directly?

    Or are you buying it off a third party who is paying the builder?

    There are different potential issues and as such this may be of assistance to the forum. Nonetheless a good solicitor will be of paramount importance to ensure your contract is ‘watertight’

    As a starting point a satisfactory building inspection report would be essential as would progressive inspections as the building reaches the various stages of completion (payment stages) as outlined in the contract.

    Derek
    [email protected]

    Property Investment Support Available. Ongoing and never stopping. PM welcome.

    Profile photo of KiwijockeyKiwijockey
    Member
    @kiwijockey
    Join Date: 2004
    Post Count: 3

    Thanks Derek

    The property is advertised with a real estate agent.
    I would like to make this my PPOR and do all the little bits and pieces myself and sell my current home to my LAQC

    Thanks for the reply. [specool]

    Profile photo of DerekDerek
    Member
    @derek
    Join Date: 2004
    Post Count: 3,544

    Hi Kiwi,

    I would not be paying full price for property until it is finished for the very reasons you alluded to.

    Check to see the builder is a registered builder – owner builders (in WA) are restricted in the on-selling of property (not sure why as it has never been an issue for me)

    Definately find a good solicitor for this one to see what the conditions of the sale are.

    At worst your deposit would be held in trust by a solicitor subject to satisfactory completion of the home as determined by yourself and a building inspector of your choice.

    Settlement to be only effected when the property is completed as required above – the difficulty you may have is that the builder may expect progress payments – although it sounds like he is building a ‘spec home’ and as such may not need these.

    Ensure conditions with respect to the fencing etc are clearly spelt out in accordance with your desires.

    Derek
    [email protected]

    Property Investment Support Available. Ongoing and never stopping. PM welcome.

Viewing 4 posts - 1 through 4 (of 4 total)

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