A friend put in an offer on a commercial property. One thing he was concerned about was the condition of the yard. It had sunk in a few spots and he has a special condition that it would be repaired "to his satisfaction". Long story short.... Vendor and he can't agree on repair costs. He has quotes close to $100k while vendor is only willing to drop $20k. 3 months later my friend wants out. My argument is that it is "to his satisfaction" which could be a massively over engineered yard that costs $250k if he chooses. Vendor's solicitor has advised they are not willing to let him out of the contract and he will forfeit the deposit of $160k if he doesn't go ahead. Surely he is in he position to dictate what is his satisfaction?
To my satisfaction condition
- Thread starter Paul j F
- Start date
Your friend needs to understand the contra proferentem rule. If there is any ambiguity about what a undefined term like 'at my sole satisfaction/discretion' - the contract is interpreted against the person who will benefit from that clause. So your friend's clause doesn't mean that much, and is why I normally suggest staying away from unilateral discretion clauses even though they sound good on paper.
Just an idea but perhaps push for the repairs to be guaranteed for 5-10 years and accept what they are willing to spend.
Unless it's sunken like the hole in Y-man's photo or a meteor hit it and left a crater.
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