What sort of agreement was it to "replace" the beam? If it was written and the vendor didn't replace it then, as pointed out above, a condition of the (now amended) contract has not been fulfilled and you could rescind and get your deposit back. Was the contract unconditional at the time she agreed to replace the beam. To me it reads that you only agreed to pay the deposit after she said she would replace it.
As to whether the beam issue is "major" or not, without a definition of major in the contract, it will fall to the parties (or the court) to decide what is major. If you think it is major then you could probably rescind. It will then be up to the vendor to take you to court for non-performance. For that to happen, the court will have to find that the beam issue is not major.
How much is the house worth? Do you think it likely that the vendor will go to all the hassle of taking you to court?
Cheers
K
Now i have an idea of how bracing works, and it sounds good… thanks for all the help. This house worth about A$450k, not sure if the vendor going to court me if I pull out
Calvinci
The contract is a major part of any deal. Unfortunitly some times people dont keep their word. I soulds like you are having a bit of a problem with this beam, may I surgest a couple of Jim Beams and a few deep breaths lol. Im sure after you move in and the place has settled it wont be a major issue. However, you are intitled to be satified with your purchase and if she agreed to have the beam replace in total then she should have. Having said that a builder will do only what they have to or are paid to do, and in this case I bet the cheapest option was to brace it.
Getting the contract ammended to include the replacing of the beam was a must. Most agents dont like messing round with little things but you must insist that it states "replace". Depending on the type, position, loading of the beam bracing it may be seen as "satifactory" to a building inspector, thus not major at all. Remember the cost involved and the stress why not just enjoy your new purchase and see how the bracing goes as the vendor is paying and if its not up to par replace it latter.
All the best, hope it all come together for you.
T……………….thanks for the recommendation. My builder had another inspection yesterday and concluded the bracing is good enough, so things are on track now…
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