clauses

[phillip30]

Hi All,

making an offer on a property, would like to get early access to take proffesionals thorugh to look at design and renovation work. Would also like to get early acess to start work on the garden and outdoor area. Does any one know of any clauses to use that cover these areas? any thoughts appreciated.

thanks

Phillip

[TheLibrary]

When you say early access to start work on the garden.....etc, are you saying you want to start work before the settlement date.

[flyernzl]

I have done this.

"The purchaser will have access to the property at pre-arranged times before settlement and after this agreement has become unconditional for the purposes of inspection, renovation and repair".

The vendors solicitor will hate it and your own solicitor will say that it cannot be done, but I have done it more than once.

[Wayne]

Just be warned - if it all falls over before settlement you will have done some nice work for the vendor!
With no chance of getting the money back.

[klauster]

Every buyer should consider an Access Clause for the purpose of due diligence.

Doing work before settlement is a different issue that could open a can of worms for the seller or buyer:
- Insurance issues, damage to the properties
- Spending time, work and money e.g. for a new bath, but finally the seller can’t settle

For your lawyer, maybe too complicated , but seller and buyer can make it working,
Risk management for the seller – higher deposit, insurance clause, permitted work clause
For buyer – pre-confirmation that the seller is able to settle

Good luck, I did it several times.

[phillip30]

Hi all,

the Library - yes
flyernzl - thanks this is what I was looking for, essentailly just wanted to look at the garden
klauster - agreed though thought garden work may not be to controverial, needs a large ammount of section clearing and general rubbish removal
thanks everyone for the feedback

Phillip

[klauster]

phillip, I do include as clauses for rubbish removal, and chattels (conditions) - swapping appliances isn't unusual

[phillip30]

Thanks klauster, don't think this would be asking to much