What's your opinion of this contractural situation?

J

James Bond

I have signed a contract to buy a house, with the usual special conditions of valuation, building and pest inspection.

The vendor has countersigned, but has added another special condition after my signature relating to them occupying the house for a week after settlement, and paying me rent. They have then countersigned the special conditions page under this extra special condition.

If I choose not to accept this extra condition, does that make the whole contract null and void, or should I proceed with inspections, valuations etc?

I've asked my lawyer this question but I'd be interested to know if anyone else has ever been in this situation?

Thanks

JB
 
They have made a counteroffer to your offer. If you do not accept their counteroffer there is no contract binding on either party.
 
It's relevant it's just a NEW contract and therefore they have instigated it so YOU have the option of agreeing with it, thus signing it, OR alter it which turns it into a NEW contract giving them the option of accepting or changing.

:)

Once you understand the nature of contracts it's all very easy. Offers can bounce around, but once an offer is accepted it becomes a contract. So all you are doing currently is sending offers to each other, on a piece of paper called a contract.
 
OK, but I just need to understand - if I reject this extra special condition, which did not exist at the time I made my offer and signed the contract, does the original contract which we have both signed on every page stand?

JB
 
I don't get it, why don't they just extend the settlement period by a week? Why would they want to rent for one week?
 
makes economic sense tho - with rent so cheap and interest rates so high you want to dump the monkey off your back as soon as possible
 
Update: this has now all been sorted by the Real Estate agent in a very unique and creative way, I take my hat off to him - great job. We now have a legal binding contract signed by all parties.

Thanks to all for their advice and input.

JB
 
James Bond said:
Update: this has now all been sorted by the Real Estate agent in a very unique and creative way, I take my hat off to him - great job. We now have a legal binding contract signed by all parties.

Thanks to all for their advice and input.

JB
Click to expand...

Care to share the unique and creative resolution?
 
James Bond said:
The estate agent has agreed to pay the rent that the tenant could not afford, to allow the 1 week occupancy clause to stand.

I'm pretty impressed with this.

JB
Click to expand...

Why didn't he just pay the remover and save the extra reams of paperwork and solicitors fees you will incur. Not to mention the costs to remove them from the house if they don't go. Personally I wouldn't agree to it.
 
mmm OK thanks mate well it's a bt late not to agree to it now....

My solicitor has assured me she will not charge me any extra.

As to them not leaving.... that's a different matter but I've assessed the situation and I reckon they will. The family has already left and the husband's there by himself surrounded by Pickfords boxes... looks promising....

JB
 
Just as an update to this thread, eventually the vendor moved out at settlement, however the deal had already been done to rent the property from me for one week after settlement, so I can now say that my first IP has been tenanted since settlement date! The long term tenants have now moved in and all's good.

Thanks to everyone for their help.

JB
 
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