115A Normandale Road 115a Normandale Road | Page 76

General obligations and conditions you have to comply with The sale and purchase agreement includes general obligations and conditions that you will need to comply with. For example, these may include: • access rights – what access the buyer can have to inspect the property before settlement • insurance – to make sure the property remains insured until the settlement date and outline what will happen if any damage occurs • default by the buyer – the buyer may have to compensate the seller if they don’t settle on time, for example, with interest payments The agent helps the buyer and the seller to include the conditions they each want. Even though the agent works for the seller, they also have to deal fairly and honestly with the buyer. They can’t withhold any information, and they must tell the buyer about any known defects with the property. • default by the seller – the seller may have to compensate the buyer if they don’t settle on time, for example, by paying accommodation costs. Your lawyer will explain these clauses to you. Specific conditions a buyer may include Some buyers will present an unconditional offer, which means there are no specific conditions to be fulfilled. Some buyers will include one or more conditions (that must be fulfilled by a specified date) in their offer such as: • title search – this is done by the buyer’s lawyer to check who the legal owner of the property is and to see if there are any other interests over the property such as caveats or easements • finance – this refers to the buyer arranging payment, often requiring a mortgage or loan • valuation report – a bank may require the buyer to obtain a valuation of the property (an estimate of the property’s worth on the current market) before they agree to a loan • Land Information Memorandum (LIM) – provided by the local council, this report provides information about the property such as rates, building permits and consents, drainage, planning and other important information • builder’s report – to determine the condition of the building • engineer’s or surveyor’s report – similar to the above but more focused on the entire section and the structure of the property • sale of another home – the buyer may need to sell their own home in order to buy another.