Early Access Clauses and conditions in NSW Law

[Property Meister]

Anybody a legal expert/experience here,

I am currently trying to organise early access for a rennovation for a property

vendors have agreed, however solicitor says according to QUOTE

"The purchase must not before completion - make any change or structural alteration or addition to the property..."


I have done a reno or two with early access with no problems in different states, plus have heard of nother NSWers doing the same thing,

is this a NSW clause that nobody can start rennovations early? and if you do, they can sue you to put it back to original condition.

Thanks everyone

 

[Jacque]

Hi PM

Any clause can be negotiated for prior access, as it's between you and the seller, however you will find that, due to the legal and insurance ramifications, most vendors solicitors will advise their vendors not to allow any significant works to be done by the purchaser prior to settlement. It's too risky, and unless the house is falling down, they're just not willing to go down that path. You also need to ask yourself if you're comfortable with doing works, and then addressing the What Ifs?
What if you can't settle?
What if the vendor decides not to settle (or delay)?
What happens if you have an accident on the vendors property whilst he's still the owner? etc

Good luck with it all.

 

[Jtkumnick]

Hi PM

Any clause can be negotiated for prior access, as it's between you and the seller, however you will find that, due to the legal and insurance ramifications, most vendors solicitors will advise their vendors not to allow any significant works to be done by the purchaser prior to settlement. It's too risky, and unless the house is falling down, they're just not willing to go down that path. You also need to ask yourself if you're comfortable with doing works, and then addressing the What Ifs?
What if you can't settle?
What if the vendor decides not to settle (or delay)?
What happens if you have an accident on the vendors property whilst he's still the owner? etc

Good luck with it all.

Agree. No solicitor (acting for vendor) worth their money would allow renovations done before settling. The legal ramifications are immense.
I wouldnt let a buyer move in without the $$$ being in the bank, let alone start renovating.......

 

[vaughan]

Agree. No solicitor (acting for vendor) worth their money would allow renovations done before settling. The legal ramifications are immense.
I wouldnt let a buyer move in without the $$$ being in the bank, let alone start renovating.......

You get early access, rip out the kitchen and carpet in the first week. Your solicitor finds that something is materially wrong that was not disclosed in the contract of sale (undisclosed easement, encroachment, heritage order, fire or flood zone, imminent resumption of land, serial killer owned the property). So you are in your rights to rescind the contract. Great: first you need to return the house to the original condition, so you've got to put a kitchen and carpet back in at your expense. Or if you've already done the new kitchen and floor you cannot charge the vendor for your improvements and they could still cause you grief.

Or the vendor dies, goes bankrupt, or insane.

 

[pennyk]

obviously there are lots of legal issues that others have raised.
We have agreed to early access previously, for renos...... but insisted that the deposit is released to us as sellers.
we also insisted that they had insurance