Special Conditions

The purchaser acknowledges that the house constructed on the land was constructed by ……. (the builder) and that the Vendor has no liability in respect to such house and that ….. (The builder) is responsible for rectification of any building defects on the house.

This contract is subject to the purchaser being fully satisfied with the proposed plans and specifications for the subject dwelling/house provided by the vendor/developer on or before                 /       /         .

1.1This contract is subject to the purchaser obtaining the consent of the local authority by [insert date] to the use of the premises as [insert use]. The purchaser shall take all reasonable steps to obtain the consent of the local authority and shall pay all costs and fees associated with the obtaining of the consent. The vendor shall, if and when required, join in the application, supply such information as shall be reasonably required to support the application and do all things reasonably necessary to assist the purchaser to obtain the consent, including but not limited to allowing the local authority access to the property.

1.2 If approval to the use of the premises as [insert use] is given the purchaser is required to notify the vendor within 2 business days of the conditions of the approval.

1.3 If approval to the use of the premises as [insert use] is not given by [insert date] or approval is subject to the conditions which are unacceptable to the purchaser (who shall be the sole judge as to acceptability) or approval is refused the purchaser may by notice in writing no later than [insert date] terminate the contact.

1.4 This clause is inserted exclusively for the benefit of the purchaser who may at any time prior to the termination of the contract waive the benefit of this clause.
If the purchaser does not:-
$          terminate the contract; or
$          waive the benefit of the clause
by [insert date] the vendor shall be entitled if the consent has not been given to terminate the contract by notice in writing to the purchaser. If the vendor has failed to comply with her or his obligations pursuant to clause 1.1 the vendor shall not be entitled to exercise this right of termination.

1.5 If this contract is terminated pursuant to clause 1.3 or clause 1.4 the purchaser shall be entitled to recover their deposit and pay other monies paid to the vendor under the contract as a debt from the vendor.

DEVELOPMENT APPROVAL

Annexure “A”

1.1  In this special condition the following words and expressions will have the following meanings:

“Assessment Manager”, “Development Permit”, “Development Application” will have the same meanings that are given to those expressions in the Integrated Planning Act 1997

“Decision Notice” will have the same meaning that is given to it in the Integrated Planning Act 1997 and will in addition mean a Decision Notice in relation to the Development Application approving the Development Application

“Infrastructure Charge Notice” will mean a written notice of an infrastructure charge to the Buyer and in relation to the Development Permit for an amount and on terms and conditions satisfactory to the Buyer in its sole discretion

1.2  Subject to clause 1.3 below, this Contract is subject to the Buyer receiving by a date six months from the Contract Date (“the Time Limit”):

A Development Permit; and

An Infrastructure Charge Notice.

1.3  In the event that the Buyer has not received the Development Permit and an Infrastructure Charge Notice by the Time Limit or if prior to the Time Limit the Development Application is refused or a Decision Notice issues from the Assessment Manager containing conditions unsatisfactory to the Buyer, the Buyer may terminate this Contract by notice in writing to the Seller and in that event this Contract will be at an end, all monies paid by the Buyer refunded to it and after that neither party will have any claim against the other apart from a claim based on a breach of the Contract by one party prior to the date of termination.

1.4  Intentionally left blank

1.5  The Seller consents to the Buyer making the Development Application and will lodge all necessary plans, papers and documents with the Assessment Manager and use its best endeavours at the Buyer’s expense to assist the Buyer in obtaining the Development Permit and without limitation the Seller will execute the Development Application. The Seller’s obligations under this clause are a fundamental term of this Contract.

1.6 All costs associated with the making of the Development Application will be the responsibility of the Buyer.

1.7  The Seller must do all acts and things necessary, including the execution of all documentation, plans and drawings, to enable the Buyer to make the Development Application and obtain the Development Permit and without limiting these matters the Seller will allow the Buyer and the Assessment Manager to place any signs or notices upon the land to advertise the Buyer’s proposed development on the lands.

1.8  This clause has been inserted for the benefit of the Buyer and may be waived by it at any time by notice in writing to the Seller.”

 

COMPLETION DATE

2.1      Completion Date will be the later of the following dates:

a) The date being twenty-one (21) days after the date upon which the Buyer provides written notice to the Seller that the Buyer has received the Development Permit and the Buyer agrees to provide such written notice to the Seller forthwith upon receipt of the Development Permit; or

b) The date being twenty-one (21) days after the date upon which the Buyer provides to the Seller written notice that the Buyer has waived the benefit of condition 1 of this Contract; or

 

DEVELOPMENT APPROVAL DOCUMENTS

1. In the event that the Buyer receives Development Approval and elects not to proceed with this Contract then the Buyer will deliver to the Seller originals (and where originals are not available copies of ) all application documents, including but not limited to, plan, proposals, applications, studies and any documents used or referred to in preparing and lodging the Development Application, with two days of notifiying termination of this contract.

2.  In the event that the Buyer elects not to proceed with this Contract, then upon the Buyer delivering to the Seller the above documents, the Seller will reimburse the Buyer for all outlays incurred in obtaining the abovementioned documents. The Buyer is to provide the Seller with proof of all expended monies.

1 Condition Precedent

1.1 This Contract is subject to and conditional upon the Purchaser successfully carrying out due diligence investigations completely satisfactory to the Purchaser on or before the date which is six (6) months from the date of this Contract (The approval date).

1.2 In the event that the Purchaser is not satisfied with their due diligence investigations in accordance with special condition 1.1, the purchaser may terminate this Contract by notice in writing tot the Vendor such notice to be received by the Vendor by the Approval Date. Upon the termination of this Contract by the Purchaser pursuant to the Special condition, this Contract shall be at an end, neither party will have any further claim against each other and the all monies paid by way of deposit shall be refunded in full to the Purchaser.

1.3 This special condition 1 is for the sole benefit of the Purchaser who may at its discretion elect to waive the benefit of this Clause.

1.4 In the event that the purchaser is unable to complete its due diligence investigations by the approval date the Purchaser and the Vendor by mutual agreement can extend the approval period to enable the Purchaser to complete their investigations.

2 RIGHT TO ENTER

2.1 The Vendor will grant the Purchaser the right to enter upon the land together with its consultants and / or employees to conduct such investigations as it thinks fit and erect signs as required for development approvals and or marketing. Entry by the Purchaser and its consultants will be at the risk of the Purchaser.

1. The Seller hereby grants to the Buyer his employees, servants, agents and / or independent contractors the right to enter upon the said property from the date hereof until the date of completion specified or any extension thereof.

2. The Buyer hereby indemnifies the Seller against any claims, demands or proceedings in respect of any loss, damage or liability incurred to any person or property in consequence of this condition.

3. Nothing contained herein should be construed as imposing upon the Buyer an obligation to effect improvements to the subject premises but should the Buyer elect to effect such improvements then the Buyer undertakes to do so at his own cost and discretion and not to create nuisance to adjoining occupiers or neighbours.

4. The Seller shall if required by the Buyer sign all necessary paperwork for the purpose of seeking local authority approval for work and the Seller agrees to allow the Buyer to carry out such work as the Buyer may require.

5. Should the contract not proceed to completion for any reason (other than the default of the Seller) the Buyer shall have no claim against the Seller for any cost of improvement effected to the property sold. If the improvements undertaken by the Buyer have not at time of termination of this contract been completed by the Buyer shall at his option either complete such improvements to make the property habitable or reinstate the property to its original condition.

This clause protects a Buyer where they are purchasing a property and are relying on funds from the sale of an existing property to complete their purchase Contract.

1. This Contract is subject to and conditional upon the buyer entering into a Contract for the Sale of the buyers property situated at [insert address].  The Buyer agrees to do all things reasonably necessary to ensure that completion of said sale takes place by the stipulated time and, in the event the said sale is not completed by the stipulated time through no fault of their own, this Contract shall be at an end and all monies paid by the Buyer by way of deposit shall be refunded in full.
2. This Contract is subject to the completion of the sale at [insert address] on or before [insert date].  The parties agree that this clause is inserted for the benefit of the Buyer and the Buyer may waive the benefit of the provision of the clause at any time on or before the date stipulated by giving the Seller notice in writing.

This clause allows the Seller to continue to market the property after entering into a Contract with a Buyer which is not unconditional and subject to Special Conditions.

1. 1. The Seller shall be entitled to continue to market this property whilst it is still conditional on finance, building and pest and any other special conditions, and in the event that the Seller receives another Contract of Sale that, in the Seller’s opinion, is more favourable than this Contract, then the Seller shall be entitled to give notice in writing to the Buyer requesting that the Buyer make this Contract unconditional with regard to finance, building and pest and any other special conditions not yet satisfied. If the Buyer does not make this contract unconditional in writing with regard to finance, building and pest and any other special conditions not yet satisfied within [insert number of days] business days from the giving of the notice in writing, then this Contract shall be at an end and all deposit monies paid by the Buyer shall be refunded in full to the Buyer.

1. This Contract is subject to and conditional upon the seller providing written approval from the Body Corporate within [insert number of days] from the Contract Date that the Buyer may keep a [insert nature/description of pet] in the property.
2. Should approval not be obtained by [insert number of days] from the Contract Date, the Buyer may elect to waive the benefit of this clause, or terminate the Contract and all deposit monies will be refunded in full to the Buyer, with neither party having any claim against the other.