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  1. #1

    Default How to word "building inspection" clause ?

    Putting an offer in on a place :

    great land ... ugly house. Building has been butcherd in "renovation attempts by amatuer"

    How do we word the clause "we wanna get a builders report regarding structural soundness" before we go unconditional?

  2. #2

    Default sorry - did "Search" ... after posting - found one answer

    Building report:
    This agreement is conditional on an Inspection being carried out by an independent building inspector, and a report, satisfactory to the purchaser.

    or:...



    Building Inspection: ( When you want vendor to remedy)
    This agreement is conditional upon the Purchaser being satisfied within (5) working days of the date of this agreement with a builders report on the subject property. Should the Purchaser be dissatisfied with matters contained in the report then the purchaser must provide a copy of the report to the Vendor giving rise to the said defect(s). Upon receiving notice from the Purchaser of the said defect(s) the Vendor shall advise the Purchaser within (2) working days whether or not the Vendor is prepared to remedy the said defect(s). In the event of the Vendor agreeing to remedy to said defect(s) then the Vendor warrants the said defect(s) will be corrected prior to settlement in accordance with the local authority’s requirements and at the Vendor expense. If the Vendor fails to respond or advise the Purchaser within the said (2) days that the Vendor will not remedy the said defect(s) then the Purchaser shall be entitled at the Purchasers discretion by notice in writing to the Vendor to cancel this agreement. Failing the giving of such notice to the Vendor the Purchaser shall be deemed to have accepted such said defect(s)”.



  3. #3

    Default

    Hi. If you are purchasing that second clause is quite restrictive and means the vendor can hold you to the contract by agreeing to fix a defect, even if it is something that might put you off completely. I would add something more like "This agreement is conditional upon the purchaser obtaining a building report on the property from a suitably qualified expert that is satisfactory to them in their sole discretion" Make sure there is a date for satisfaction of the condition too. This clause means you can't get your mate who is a builder to do the inspection but that seems fair.

  4. #4
    Join Date
    Jun 2005
    Location
    auckland New Zealand
    Posts
    5,237

    Default

    You've used my clause that is specifically for when you want the vendor to remedy as it says, so if you don't want them to remedy just use a generic This contract is conditional upon the purchaser being satisfied with all aspects of a building report to be obtained by the purchaser within 15 days. This clause is inserted for the sole benefit of the purchaser.

    That's all you need but if you are risk averse or have a bad lawyer you can add:

    If the purchaser does not advise in writing the satisfaction of this clause by 4PM on the 15th working day by way of facsimile to the vendors solicitor then this contract shall be at an end.


 

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