Hi all,
I am a first home buyer and I signed a contract this afternoon on a 2 bedroom unit. The selling agent and owner showed me and detailed the plans for the complex where 2 more units are to be built prior to the the driveway and landscaping being completed. I am a first home buyer and it did not occur to me to include the completion of the complex/driveway/landscaping in the conditions section of the contract. For one, I did not know how to word this and two, I thought it was a given that the work would be completed – big mistake apparently.
It was one of the selling points for me, not so much the 2 other units but the sealed driveway and walkways leading up to the unit as this will immediately improve the complex and the asking/selling price reflected this.
Do I have any grounds to adjust the contract in further discussions to cover myself with regard to these ‘promises’ and to add this condition in and would someone have any guidelines/suggestions to follow if adding this condition in please?
Thankyou in advance, any guidance will be much appreciated.
Shane
Hi Shane
You can ask to have that condition added to the contract. You will no doubt have a cooling off period in the contract (varies from about 2 – 5 days depending on what state you are in). Although technically you have no right to have the contract after you have signed it, what you will effectively be doing is exercising your righ to cool off on the contract and have a new contract drawn up including the condition that the driveway and walkways are included. The agent can go about this one of two ways:
1. Simply put an addendum in the contract to that effect
2. Cancel your current contract and draw up a new contract with the new conditions in it.If the agent/vendor refuses to agree to the amendment, then exercise your right to cool off and then walk away from buying the unit until you can get the conditions you want. DON'T just rely on the owner's word. You are completely entitled to have that condition put in the contract in writing.
All the above is based on the fact that (hopefully) you haven't waived your cooling off rights.
Good luck
K
Hi Shane,
is this a new unit or is it already completed and they are just developing two more units?
If it is new as i think it is, are you sure there is no mention in the contract and special conditions, perhaps even in the body corporate breakdown (if it hasn't been set up already, the contract usually has a large section for this, in QLD anyway.) It would seem fairly unusual , in my experience, for the driveway and landscaping not to be mentioned in the contract and even more unusual for the developer not to include it in the price, of course unless your dealing with a cowboy.
I don't know what state you are in, and i don't mean nervous, but even if it has been counter signed definitely have a word to your solicitor regarding the contract and the wording of the clause you want, better a professional does it. The contracts can be amended at anytime if both parties agree and if the developer is going to honour his promises – which really should be the case, he wont mind the changes.
perhaps just have a scout through the contract again in case you have missed it in there somewhere.
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