Buyer condition: Free from...

I'm in the process of signing an offer and acceptance contract as a buyer in Perth and I'm looking to include a clause to specify that all the sellers personal belongings including contents of the sheds need to be gone. How do I word this? 'free from...debris?'

Or is this already included in the standard offer and acceptance contract?

 

You want to draft contract clauses without using a lawyer?

 

I have a solicitor but it's 5am in Perth, so I can't get in touch with them at the moment.

 

I definitely respect you and your knowledge. I also agree that there are a great many instances where people don't consult lawyers when they should.
However, I don't agree that all contracts necessarily need to be drafted by lawyers, particularly if it's simple binary issues.

 

Even the simplest things are not really binary. The contract has to specify not only the required performance but also the possible responses if not performed. It is a "system" that in totality is meant to deliver an agreed set of outcomes. Like a computer program, it is handling of the exceptions that often forms the majority of the code.

 

Hi guys, I appreciate your concern and I fully understand the risks, but I was only after an internet opinion.

Anyway, I just asked the selling agent to include the following special condition:
"The seller will ensure that the property, including sheds are free from goods and debris at the time of settlement"

 

sure if you know what you are doing and the consequences are small you can take the risk of self drafting. Getting it wrong in this instance might just mean some sheds remain full.

 

Are agents able to insert clauses in contracts? This would be illegal in NSW.
Whats in the sheds now? Would 'goods' or 'debris' cover it? 'empty' might have been a better word

 

It's a standard 'offer and acceptance' form in Perth but the buyer or seller can add special conditions. I made an offer with a 24 hour deadline at 1pm yesterday, selling agent only sent me the formal offer and acceptance form at 11pm last night, so it was hard to have my solicitor review it in the middle of the night.

It's tools, bags of dirt, cement and just random stuff in the shed. I've already been made aware that the shed might be made of hazardous material and I'm ok with that.

 

Ahh..that's the one..chattels. I had been to a Cherie Barber workshop where she had mentioned to always use that clause, I just couldn't remember the word. Thank you

Disclaimer: I understand this wasn't legal advice.

 

There was a property law case that I recall from uni where there was a pile of rocks left on a property and it was about whether this would have been a 'chattel' or not - can't remember the outcome.

It might be best to full describe what you are after 'goods and chattels' can be vague.

 

All contracts can be vague when they arent clearly drafted. Thats why solictors do what they do.

 

Surely something like this has been drafted a thousand times before and there's a standard approach that can be re-used rather than having a solicitor draft it up every time?

 

Would the vendor have come back for them had they been gold-bearing quartz, compressed carbon or opalised fossils?

 

Yes that would be the case

 

Have you read the standard O&A contract? It should state no possessions or rubbish left on site.
I have never had a problem getting either the agent or seller to remove rubbish and goods from site after I do the pre settlement inspection. I.e My solictor wouldn't settle unless it was done.

 

This is what is wrong with the REIWA forms used in WA. Pro seller. The buyer needs to spend money to get legal advice for conditions. In current market following selling RE agents advice sellers won't look at offers with conditions.
The standard building clause is pointless. You can end up buying a property that needs major roof repairs because they are not structural

 

That's what I mean. So the cost of cleaning out the sheds might be similar to getting the clause drafted by a lawyer (if the solicitor wasn't engaged already), so I'd roll the dice, but that's just me, obviously different to everyone.

 

Out of curiosity did you put an expiry on the formal offer submitted today?
I wouldn't have though an expiry on an email informal offer holds any weight?