This precedent is a special condition for use with the 2005 or 2014 edition of the Contract for Sale of Land by the Law Society of NSW and Real Estate of NSW.
This special condition makes the contract conditional on the purchaser obtaining a building certificate. If:
· the council refuses to do so or does not respond, the purchaser may rescind;
· the council will issue a certificate only if works are carried out, the clause gives the vendor the option (and not the obligation) to carry out the works itself. If the vendor so elects, it must carry out the works but the purchaser cannot rescind the contract.
The special condition allows the purchaser to waive the benefit of it and complete the contract without a building certificate.
This precedent has been authored for LexisNexis by Daniela Terruso, Director, Intelmar Pty Limited.
This document is prepared with the assistance of General Editor Christopher Conolly, Partner, TressCox Lawyers and Specialist Editor, Peter Rosier, Principal, Rosier Partners Lawyers.