USEFUL CLAUSES:
Confidence in knowing that the property you are buying is as it
should be is crucial when making such a large investment. It is
always advised that buyers undertake any due diligence that might
be required prior to purchasing a home. The ideal scenario is to
research the house you are buying prior to making a good clean
offer. If this isn’t possible then there are numerous “further
terms of sale” that can be drafted into the for sale and
purchase agreement for the purpose of due diligence. Detailed below
are some of them.
Finance (working days)
This offer and any contract arising here from is conditional upon the Purchasers
within NUMBER working days of acceptance hereof arranging mortgage finance
on the security of the said property on terms and conditions satisfactory
to themselves in all respects to enable them to complete the purchase.
Title Search (working days)
This offer and any contract arising here from is conditional upon the Purchasers'
solicitor searching and approving the title to the said property within NUMBER
working days of acceptance hereof.
Land Information Memorandum
This offer and any contract arising here from is conditional upon the Purchasers
obtaining a Land Information Memorandum from the Local Authority in respect
of the property to be purchased and being satisfied in all respects that
all requisitions and relevant matters have been met by the Vendors, within
NUMBER working days of acceptance hereof. This clause is inserted for the
sole benefit of the Purchasers.
Sale of property
This offer and any contract arising here from is conditional upon an unconditional
contract on terms and conditions satisfactory to the purchaser in all respects
being entered into by <DATE> for the sale of the Purchasers property
situate ADDRESS. This condition is inserted for the sole benefit of the Purchasers.
Confirmation of house sale
This offer and any contract arising here from is conditional upon the existing
signed agreement for the sale of the Purchasers' property situate ADDRESS
OF PURCHASERS PROPERTY becoming unconditional by DATE. This condition is
inserted for the sole benefit of the Purchasers.
Termination of existing agreement
This offer and any contract arising here from is conditional upon the cancellation
or termination of the existing signed contract dated DATE for the sale of
the property hereto described between the Vendors and NAME OF OTHER BUYER
such contract being conditional until DATE. The Vendors agree to take all
necessary steps to cancel or to terminate the existing contract immediately
the Vendors are lawfully entitled so to do and the Vendors further agree
not to grant any extension of the conditional date thereunder nor to waive
any right of cancellation or termination thereunder.
Specialist report
This offer and any contract arising here from is conditional upon the Purchasers
within DAYS working days of acceptance hereof and at their own expense arranging
and receiving a report which is satisfactory to themselves in all respects
on the said property from a Registered Public Valuer / Architect / Engineer
/ Builder / Other: (Delete those which do not apply). This condition is inserted
for the sole benefit of the Purchasers.
Work to be completed
It is agreed by and between the parties hereto that prior to settlement, at
their own expense and in compliance with any territorial or government authority
requirements the Vendor will complete the following work in a proper and
tradesperson-like manner:
Vendor purchase
The Vendor accepts the foregoing offer subject to them entering into a conditional
/ unconditional (delete which does not apply) contract on terms and conditions
satisfactory to themselves in all respects to purchase another property suitable
to themselves by DATE.
Fax
The parties acknowledge that execution of a facsimile copy of this agreement
and transmission thereof by facsimile each to the other or their respective
agents or solicitors shall be sufficient to constitute offer and acceptance
and to satisfy the requirements of Section 2, Contracts Enforcement Act 1956.
Vendor escape clause
It is agreed by and between the parties hereto that if before the conditions
in the above clauses are satisfied the Vendors receive an offer for the purchase
of the said property on terms acceptable to themselves the Vendors shall
have the right to give the Purchasers in this contract or their solicitor
three (3) working days notice in writing (FAX being an acceptable form of
notice) ("The Vendors Notice") within such time the Purchasers
or their solicitor must confirm in writing (FAX being an acceptable form
of notice) this contract to be unconditional.
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