OK, got a bit of a curly one here. Im in Brisbane and have put an offer in for a property in WA, wife and I have signed the contract and now vendor has added a couple of clauses to the contract and REA is now "asking us to please sign here and here" but I am not exactly happy with those clauses.
Specifically they relate to the spa the property has. It is a "portable" spa, above ground and is not fenced. As per new WA State Government Regs on pools, spas, smoke alarms and rcds : the pool/spa mechanical and electrical plant and equipment will be in good order etc AND pool/spa safety barriers will comply. Vendor has inserted new clause stating spa on as is, where is. This will negate any responsibility the vendor has to make sure spa works and is also fenced. I know theres no fence, so I would be stuck with fencing it.
Next is the side verandah, I now find that it is not council approved and certified and given the property is in a cyclone prone area I may also need to reinforce and then have the verandah certified.
Given the property is $650K and as yet we havent countersigned these amendments, I could use some opinions.....
1) Would these changes be a justifiable reason to withdraw our offer?
2) I believe this becomes the vendors counter offer and as such we are under no obligation to accept these terms, but this is a WA contract so am I able to do this?
3) Should I bite the bullet and go ahead with the deal, given the rent is 1200 p/w?
Cheers
Tom
Specifically they relate to the spa the property has. It is a "portable" spa, above ground and is not fenced. As per new WA State Government Regs on pools, spas, smoke alarms and rcds : the pool/spa mechanical and electrical plant and equipment will be in good order etc AND pool/spa safety barriers will comply. Vendor has inserted new clause stating spa on as is, where is. This will negate any responsibility the vendor has to make sure spa works and is also fenced. I know theres no fence, so I would be stuck with fencing it.
Next is the side verandah, I now find that it is not council approved and certified and given the property is in a cyclone prone area I may also need to reinforce and then have the verandah certified.
Given the property is $650K and as yet we havent countersigned these amendments, I could use some opinions.....
1) Would these changes be a justifiable reason to withdraw our offer?
2) I believe this becomes the vendors counter offer and as such we are under no obligation to accept these terms, but this is a WA contract so am I able to do this?
3) Should I bite the bullet and go ahead with the deal, given the rent is 1200 p/w?
Cheers
Tom