Conditions on Sales and Purcahse Agreement

[skiltzy]

Good Evening all.

Myself and partner have found a lovely home we are very interested in. There seems to be a water problem under the house and to the sites. We presume this is due to some kind of water spring. We really want to get this house and apparently the vendors are "getting this fixed" this week. We would like to put an offer on the house but obvisouly need to put something in th S&P agreement to cover our a** if this has not been fixed satisfactory to our needs.. Can you offer some suggestions please on the wording we would need to use.

Thanks in advance.

[orion]

That this offer is subject to the vendor repairing or replacing in a workman like manner as necessary in order to rectify the current water leak under the subject property prior to settlement.

Regards
Graeme Fowler

[skiltzy]

Well I put in an offer with a condition pretty much to the wording below and the real estate agent has come back saying the vendor an't happy with this, as they think there to much out. I am like well if its fixed its fixed if it an't it an't, i'm not going to write less.......hmmm maybe they are worried about the water as well....

[orion]

The only reason I can think of that they are not happy with the clause is if it is a major problem as you say. You could get it under contract with a different clause in which you can get it checked out by someone that knows what the real situation is. This would secure the property and you can still walk away or negotiate accordingly as to what is found in the report.

Regards
Graeme Fowler

[skiltzy]

Thanks for that. Who would be the best person to see if its a major problem or not. I presume this would be a engineers report??

actually on second thoughts I wonder if a builders report would pick this up. we think its a spring under the house as there are no drainage around that area . This house buying business is not what its made out to be

[cube]

I would go for an engineers report - if you check the scope of a typical building report, it will be limited to things that are easily visible and obvious, which would exclude the limestone caves currently being carved out under the house by the spring.

An engineers report would go further, and a geotechnical report (I think thats the word) would assess the condition of the land under the house.

At this point, I think you have to decide how much you want this particular house!

cube