Vendor warranties struck out of a Contract of Sale

Hi all,

I am just inquiring for my uncle.

He is looking at buying a residential property in Victoria.

It's a newly built home. The only concern is, the entire vendor warranties section in the general conditions have been struck out.

He asked the agent and the vendor about it, they haven't responded. Is this something he should be worried about?

 

bloody oath. Why doesn't he speak to his lawyer?

 

His conveyancer advised him against signing the Contract unless they include the vendor warranties.

He just wants to know if this is a common occurrence in Contracts? What reason could the vendor have for not including the warranties?

 

Skip the conveyancer and consult a solicitor, one specialising in property contracts.

No way would I sign a contract that excluded the legal warranties. Sounds as if the vendor knows there are problems.....

 

Builder didn't qualify for or apply for insurance.

Was it an owner builder?

I'd be running.

 

Why would you not see a solicitor? Refer to the underlined portion.....

Criminal offences in Section 32
For example, a vendor who knowingly or recklessly provides false information, or fails to provide ALL of the information required by Section 32 commits a CRIMINAL OFFENCE, and can be fined.

A vendor who commits a criminal offence because they were not properly advised by a real estate agent or conveyancer (both of whom routinely prepare the Section 32 for uninformed consumers) will be told by the estate agent or conveyancer “I am not allowed to give you legal advice, because only a qualified lawyer can give legal advice or perform legal work”.

 

I can't give legal advice, but I suspect simply striking out a section of the general conditions on a real estate contract doesn't waive those conditions. You can't just agree between you to waive certain legal rights and obligations. But I'm no lawyer.

Here's one piece of advice I don't think anyone needs any legal advice on. If a vendor doesn't want to follow some basic and fundamental principals, walk away. That's simple common sense.

 

OP is just enquiring if this is a commonly accepted scenario

its a fair question

 

That is why I gave a fair answer!

 

I've seen it in a few contracts recently. One contract I saw a few weeks ago had 23 pages of special conditions. I put it down to knucklehead suburban lawyers who think this makes them seem important, but it could also be because they have something to hide.

 

Pretty much on the mark - most of the clauses already exist but the solicitor thinks that they can do better than the Law Society.