All Topics / Help Needed! / contract conditions in NSW

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  • Profile photo of Faulty by natureFaulty by nature
    Member
    @faulty-by-nature
    Join Date: 2007
    Post Count: 36

    hi all,

    i am looking for some help with my NSW contract conditions , as i have never seen one before until now,  i had the mistaken preception that contracts were easy reading!!! what a dream that was. i am just a little worried because there are about 13 clauses and each one has sub clauses, some basic, like failure to complete, or death clauses. others are more complex like objections and non-compliance clauses which goes into local government acts, roof or surface water drainage and any environmental laws. 

    the issue i have is i don't know what to put down to cover myself! i have always been told to put in Subject to B&P inspections and finance, but i have now been told that the finance clauses is not allowed in NSW, is this true? not to mention that the vendor is intitled to be paid 10% if i pull out of the contract (which i don't entend to ) but can i put in a clause like that? 

    basiclly i would like help covering my butt! what are good clauses that a purchaser can submit? 

    the facts are that i am buying sight unseen, in a differnent state, and the buy seems to good to be true because both rent and damage is guaranteed by lease agreement, oh and it is +ve geared at 90%.
    as you may be able to tell, i have a weakness for risk, i just can't get enough of it.

    i would be more then greatful for any help with this matter
     

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    You shouldn't be trying to do this without the use of a solicitor. Who told you that subject to finance clauses are not possible? (probably the agent?). You should be able to make the agreement subject to whatever you like if the other party will accept the condition.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 2 posts - 1 through 2 (of 2 total)

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