First encounter with a cash out clause when buying.
This seems rather one-sided in favour of the seller.It doesn't say it has to be a higher offer. Can the seller pull a scam by serving notice to the buyer even though there is really no other offer?
What would be a fairer version if you don't want to walk away?
If before this Agreement becomes unconditional the Vendor enters into another agreement which is either conditional, or is or has since become unconditional in all respect except for any condition relating to the expiry or termination of this Agreement, and which is otherwise on terms and conditions acceptable to the Vendor, the Vendor may serve on the Purchaser or the Purchaser's solicitor notice in writing requiring the Purchaser to confirm this Agreement as being unconditional. The Purchaser shall have until 4.00pm on the 3rd working day after service of such notice to declare this Agreement unconditional by notice to the Vendor or the Vendor's solicitor, otherwise this agreement shall terminate, the deposit paid (if any) will be refunded to the Purchaser and neither party will have any claim against the other. The condition is for the sole benefit of the Vendor.
What would be a fairer version if you don't want to walk away?
Comment