Conditions

[laurencei]

Hi everyone,

If I have a sale condition that relies on the vendor to do something (i.e. vendor will remove tree stump before settlement) - what happens if they DONT do that thing?

And can they use it as an excuse to cancel the contract - or am I the only one?

This is in SA if that makes any difference.

Thanks

 

[redwing]

Are you happy to let the sale fall through if they "don't" do that thing?

 

[laurencei]

Are you happy to let the sale fall through if they "don't" do that thing?

No - I want the sale to proceed regardless.

The RE mentioned the vendor is going to pull out a tree that is next to the fence (him and the neighbor are going 50/50). I'd like him to do this, but I dont want him to be able to use it as an excuse to cancel the contract in the near future.

I could leave it out of the conditions - which I might do - I just want to understand the implications either way...

 

[JoshyBoi]

Generally, I would suggest that if the obligation is on the vendor to pull out the stump, then if the vendor does not, the vendor is in breach and the purchaser can terminate or sue for specific performance(ie. force the vendor to do it) / damages etc. It would be a very unlikely situation where one could terminate for one's own breach...

that said, it comes down to the wording in the standard contract, and I've not read that in any detail.

Suggest you just make the obligation very clear, even include an amount to withhold in trust to pay for it, should it not be done by settlement.

 

[Gools]

even include an amount to withhold in trust to pay for it, should it not be done by settlement.

Was just about to suggest the same. Are you using a conveyancer/lawyer for the paperwork? They will know the right way to do this for SA.

 

[laurencei]

Cool - thanks everyone - I'll look at doing that