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Including maintenance of external property in contract?

Discussion in 'The Buying & Selling Process' started by Grey man, 13th Oct, 2016.

  1. Grey man

    Grey man New Member

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    Purchasing a 5 acre lifestyle property and am worried that if the vendor doesn't maintain the grass and garden in between now and settlement it will be a massive job to get it back under control.

    Has anyone put a clause in the contract of sale stating to the effect that grounds must be in the same condition as when contract was signed (eg lawns mowed, garden beds weeded and weeds in driveway and paths sprayed)?

    If so, how would you recommend wording this?

    Thank you in advance.
     
  2. Big Will

    Big Will Well-Known Member

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    How long are you planning on settlement?
     
  3. Grey man

    Grey man New Member

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    60 days
     
  4. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Yes you could insert a special condition for this. See your lawyer for specific wording
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

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    Do you want slashing, mowing or control of weeds to DPI/council standards?
     
  6. Agent30yrs.

    Agent30yrs. Well-Known Member

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    Assuming the same as QLD, I would do a "the seller warrants that...." clause.If it's a "Subject to and conditional upon.." clause the seller may be able terminate the contract by not cutting the grass.

    However, as always, seek legal advice :)
     
  7. Big Will

    Big Will Well-Known Member

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    60 days things are not going to go ballistic, as Terry said go seek your legal advice as there the wording will need to be correct to be enforceable.

    However it could do something like;

    'The seller agrees to keep the lawns, garden beds and driveway in the same condition as inspected at time of settlement.'
     
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  8. Scott No Mates

    Scott No Mates Well-Known Member

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    Would you seriously let the deal fall over for $500 lawn mowing @settlement?
     
  9. Big Will

    Big Will Well-Known Member

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    Would I no... If it was 2 years I can understand as trees can grow which will cause issues in removing them but 60 days is hardly worth the effort or enforcing.

    Also all the properties I know that have sold both as a buyer, friend and REA have always had their gardens to the same standard (if not higher) than when inspected.