Adding conditions to contract of sale on offer?

[Catty]

My partner and I are hoping to buy our first home very soon. We found the perfect one for us (VIC), have our conditional approval, have looked through the S32 and plan to make an offer.

The REA has advised we need to come into the agency to make our offer on the Contract of Sale. The 'subject to loan' condition has been excluded from the Contract and we definitely want it included, the REA said this should not be a problem for the vendor.

My question is, how do we add this condition as well as pest and building inspection? Do we add another document to the contract? Do we handwrite in the special conditions section? Do we get a solicitor to write a whole new contract?

I have read everywhere how important it is to add the conditions but just cannot find out the 'how to'. I'm getting very stressed so hoping someone could please help me understand the process of adding our conditions.

Thank you in advance

 

[Hooray]

Where's your solicitor?

 

[Terry_w]

You should not sign on the spot but seek legal advice from a lawyer first. Special conditions can be added to the contract by inserting extra pages with them on, or could be hand written on the other pages if minor.

 

[Big Will]

Seek legal advice on special conditions do not use the ones the REA provides.

 

[Fleur De Lis]

In NSW a proposed purchaser cannot just willy nilly add their own special conditions to a contract.

In NSW your solicitor/conveyance has to write to the vendor's legal representative requesting amendments be made to the contract to include any additional special conditions the purchaser may want added and/or exclude any condition that is already in the contract which is not fair to the purchaser.

The vendor's legal rep. (and the vendor) will then consider the requested amendments and in turn will then write back to the purchaser's rep. agreeing or disagreeing to any changes requested to the initial contract. Without that written approval to alter the terms of the contract anything a purchaser adds to it is not binding on the vendor.

You do need to get legal advice (maybe its different in Victoria)

 

[Catty]

Thank you everyone. Have spoken to the solicitor this morning. Really appreciate your comments Terry W