Special Conditions of Contract

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lippup

Member
3 March 2021
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0
1
Hi All,

I am new here and wanted some advice on withdrawing from a house purchase based on special conditions being satisfied. The house is located in South Australia. The vendor and agent have proven to untruthful of many occasions, unreliable and avoidant. We have had enough and want out.

The special conditions are as below:
  1. The vendor will seek a licensed technician (carpenter) to repair and reinforce to a trade standard, the roof framing timber which is showing signs of settlement and splitting and was previously repaired to a subtrade standard. This will be undertaken prior to settlement.
  2. Pre-settlement inspection (on the day of settlement) to take place by purchasers to ensure house is maintained to standard it was in at the time of signing the contract of sale (this includes checks of the electricals)
  3. Any graffiti that may be found on the fences of the property are to be appropriately remedied by the vendor should they occur prior to settlement. A thorough professional house clean is to be done by the vendors prior to settlement (internal and external)
  4. The vendor will supply copies of the official certificates of compliance for electrical, plumbing and air conditioning installation works done at the property. These certificates will be signed and dated by the licensed contractors employed to do the works. This condition must be satisfied by 15/03/21.
  5. Greenery - grass and plants are to be taken care of and kept alive while awaiting settlement.
  6. Oven to be connected

My question is, although I didn't specify a specific date for most of the special conditions to be satisfied, I did tend to allude it should be done before settlement. Is this conclusive or because a specific date wasn't written does the 21 day rule apply as stated here in the contract?

I would like to serve a notice of termination of contract on the 11th/12th of March (when the 21 day limit passes) in order to continue my search for property.

Thank you for any guidance.