SA Contract Breach - Property Purchase

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Steven1967

Member
16 October 2019
1
0
1
Hi,
Is a Residential Sales Contract for the purchase of a property legally binding if the vendor has made alterations to a clause in the contact ie: 25 Year Warranty Certificate to 25 Year Structural Guarantee after you have signed and initialed all the pages of the contract, and no notification was sent to you via either the Vendor or my conveyancer prior to settlement?

An email was sent to the vendor prior to the contact being drawn up that I would accept a 25 Year Structural Warranty, but even after this email, the vendor still offered the 25 Year Warranty Certificate in the contract sent to me and not the 25 Year Structural Guarantee.

It wasn't until the vendor went to initial all pages on the contract and formally sign it, did he cross out the words Warranty Certificate and replace them with Structural Guarantee, and failed to advise either my conveyancer or myself of this change. It was not until after settlement that this was found.

Any advice in regards to the above is appreciated and warmly welcomed.

Thanks
Steve