AUWAREPS018 - ADL Distributed Special Conditions

Top  Previous  Next

BLACK = Old Item/Clause  | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted

 

01 Jul 2018

Buyer's Early Possession

The parties agree early vacant possession of the property shall be given to the Buyer <<Enter the Number of Days Here>> days prior to the date of Settlement subject to the provisions of Clause 298 of the Terms and Conditions. Possession will not however be given unless or until the Buyer confirms it has completed and is satisfied with all searches with respect to the Property and will make no claim or objection with respect to the results of such searches.

 

Foreign Investment Review Board Approval

(1)

Clause 243 of the Terms and Conditions is deleted and in lieu thereof, the following Special Condition is inserted.

 

Pool/Spa Not Compliant (Buyer to rectify after Settlement)

(1)

The parties agree and confirm the swimming pool/spa on the Property does not comply with the Building Regulations 2012 (Regulations) and Clause 232.3(11) of the Terms and Conditions of the Contract is deleted.

 

Pool/Spa Not Compliant (Seller to rectify prior to Settlement - Retention Amount Held)

(1)

The parties agree and confirm the swimming pool/spa on the Property does not comply with the Building Regulations 2012 (Regulations) and Clause 232.3(11) of the Terms and Conditions of the Contract is deleted.

 

Prior Contract and Stamped Transfer

(2)

In addition to documents required to be delivered in accordance with Clauses 154.2(6) and 154.3(4)(b) of the Terms and Conditions, the Seller will deliver to the Buyer at Settlement, an executed prior stamped transfer capable of immediate registration, free from other than Continuing Encumbrances in favour of the Seller, which prior transfer will enable the Seller to become registered as proprietor of the Property.

 

Prior Stamped Transfer

(2)

In addition to documents required to be delivered in accordance with Clauses 154.2(6) and 154.3(4)(b) of the Terms and Conditions, the Seller will deliver to the Buyer at Settlement, an executed prior stamped transfer capable of immediate registration, free from other than  Continuing Encumbrances in favour of the Seller, which prior transfer will enable the Seller to become registered as proprietor of the Property.

 

Provision of RCD's and Demolition of Improvements

Parties agree and the Buyer warrants that after Settlement the Improvements to the Property will be demolished and Clause 232.3(14) does not apply to this Contract.

 

Seller's Possession After Settlement (No Rental Charged)

Notwithstanding the provisions of Clause 154.4(7) of the Terms and Conditions:

All other Clauses of this Special Condition remain unchanged.

 

Seller's Possession After Settlement (Rental Charged)

Notwithstanding the provisions of Clause 154.4(7) of the Terms and Conditions:

All other Clauses of this Special Condition remain unchanged.

 

Sunset Clause - Existing Settlement Date (see Termination of Prior Contract Clause)

(4)

Where the Buyer notifies the Seller in accordance with Sub-Clause 2 of this Special Condition that this Contract is unconditional, Settlement will take place on the Settlement Date as originally set out in Item (12) of the Item Schedule.