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VIC Contract of Sale Special Conditions

Discussion in 'Property Law Forum' started by Sage, 22 February 2018.

  1. Sage

    Sage Member

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    Hi All,
    I have an issue relating to the sale of my parents house and was hoping someone might be able to shed some light. It was built recently and has been lived in lightly for a couple of months, before it was put on the market. The buyers wanted to put in the contract of sale they were to be supplied with a complete set of working drawings, warranties and building certificates. My parents agreed and had sent all the drawings, warranties and building certificates to the lawyer weeks ago and the buyers were inform they could access them anytime. They are supposed to settle soon (in like 2 days) and now the buyers are complaining the drawings aren't a complete set. Everything my parents supplied is what was provided by the builder along with the certificates of occupancy etc. when the build was handed back to them. I can't see the buyers pulling out as they have already put their old house on the market, forwarded their mail to the address, connected the phone, power gas etc..
    The buyers lawyer has sent a letter to my parents lawyer stating what is 'legally' considered a full set of working drawings but I can't find any resource confirming this. They are also asking for the landscape and irrigation plans, but that wasn't part of the build, my parents did that themselves. Does this mean my parents have breached the contract of sale? If so, are there legal implications for my parents (other than the buyers being able to get out of the contract)? What happens if the buyers still go ahead with the sale despite not being satisfied with what is supplied?
    Hopefully someone can shed some light.
    Thanks :)
     
  2. Rod

    Rod Well-Known Member

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    Your parent's lawyer is the one who should be answering this question.
     
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