Browse Forums Building A New House 1 Aug 15, 2008 9:21 am Hi all,
I've been lurking around for a bit and thought I'd make a post. My fiance and I (ducky_1983) are in the process of trying to buy a block of land out Doreen way. We found one we liked, paid a holding deposit and got the contracts to look over. We sent them to a solicitor and it came back with advice to change all these things, and not sign it if they do this etc etc. It made the contracts look completely ******* and when the vendor wasn't willing to change them, we walked away from the sale. Now we have found a new block and gone through the same process, with the solicitor coming back with some changes they advise, albiet much less than the other contract. I have put it to the vendor, and they seem a little more flexable, but they may come back and say they wont change it. Now I don't know if we do have a ******* contract, or the solicitors are just putting the fear of God into us because they have to warn us about everything, but really all the contracts are the same and everyone signs them like this. Has anyone else had experience with this? I don't want to walk away from another block, but I don't want to get caught with a bad contract. Thanks guys Re: Land sales contract, should we take solicitors advice? 3Aug 15, 2008 1:21 pm try to get a copy of the contracts before you pay a deposit if possible Best Price Wardrobes Sliding door robes | Walk in robes Deco panel | Mirror | Melamine 26 to 28 Cottage lane Hackham M: 0402 927 376 http://www.bestpricewardrobes.com.au Trade welcome Re: Land sales contract, should we take solicitors advice? 4Aug 15, 2008 1:38 pm Well, the 3 things we asked to change were the following
The contract stated that we were to take over paying the rates from the day of sale, not the day of settlement, meaning that minimum we would be paying rates on the land for 6 months without being able to use it. And considering there is a clause that they have up to 2 years before the have to title, it could potentially mean another 10k in rates we would pay. We asked them to amend this to be from the day of settlement The identity clause stated that we had inspected the property and that the pegs were in the correct position. Now, this land is just a paddock at the moment, and while it has been pegged, then real estate agent admitted that they would need to be removed to allow the civil works to be done. I didn't want to sign something saying they were correct, when there was a good chance of them being put back in the wrong location. Since talking to the estate agent further though, she has assured me in writing that we re check them before settling The last was the clause that indemnifys them from and claims of and nature whatsoever. I guess what I was worried about with this one is that we discovered the land was a toxic waste dump or something but we couldn't do anything about it I think that the solicitor we sought advice from really scared us with what she was telling us. And being the first time we have done this I just don't know if these really are pretty standard clauses. I'm just really scared of getting totally *&^%#$ over if you know what I mean Re: Land sales contract, should we take solicitors advice? 5Aug 15, 2008 3:24 pm Hi Lostris,
For a contract to be valid, it requires 6 conditions; offer, acceptance, consideration, capacity, legality and intent. (i'm not lawyer but i work as Risk Managment professsional.) If i was in your situation and i would do the following: Quote: The contract stated that we were to take over paying the rates from the day of sale, not the day of settlement, meaning that minimum we would be paying rates on the land for 6 months without being able to use it. And considering there is a clause that they have up to 2 years before the have to title, it could potentially mean another 10k in rates we would pay. I would request that the rates would be paid when the titles changes to your name b/c thats who the council sends the bill to. If the vendor is unhappy perhaps you could negotiate a partial increase in the contract price but i would never be liable for the rates. Quote: The identity clause stated that we had inspected the property and that the pegs were in the correct position. Now, this land is just a paddock at the moment, and while it has been pegged, then real estate agent admitted that they would need to be removed to allow the civil works to be done. I didn't want to sign something saying they were correct, when there was a good chance of them being put back in the wrong location. You could compromise here and go measure the land size and put the land size in the contract. Also you may want to grab a GPS and walk to each position on the peg and note the GPS position and them in the contract. Overkill i know but its a thought that could protect you and the vendor. You could put a +/- movement of the peg as long as the total land size is the same and it should reduce your risk. Quote: The last was the clause that indemnifys them from and claims of and nature whatsoever. I guess what I was worried about with this one is that we discovered the land was a toxic waste dump or something but we couldn't do anything about it I would pay the $300 bucks now and do a soil test or put a clause subject to appropriate soil test etc etc. I assume you are going to build on your land so consider the contours of the land as well as site costs could vary tremendously and no builder will ever include a site cost as a fixed price. Also make sure you look up www.land.vic.gov.au to see if there is any inappropriate overlays on the land or any special requirements on the land. Finally, include a subject to clause..ie.. finance to the buyer's satisfaction etc. Good luck. Smeags. Re: Land sales contract, should we take solicitors advice? 6Aug 15, 2008 4:03 pm The last 2 clauses were in our land contract as well, so probably they are common ... but it's a good idea to do as Smeags suggested, just to cover yourself.
The first one is a definite no, no ... why should you pay rates for land you cannot use? Re: Land sales contract, should we take solicitors advice? 7Aug 15, 2008 11:50 pm Not an expert on this, but I think your solicitor is trying to protect you. What if all those things he/she tried to protect you from really happened?
If you are ok with that, may be you can accept it if the builder refuse to change. But if you don't ask or fight for it you will never get it! Re: Land sales contract, should we take solicitors advice? 8Aug 16, 2008 12:18 am That rates clasue is an absolute no no. They are making the risk all yours - not theirs.
As for the others - you either trust your solicitor or you do not. They are trying to protect you - not sell you block of land. Steve Re: Land sales contract, should we take solicitors advice? 9Aug 16, 2008 1:12 am The first clause is bogus.....as for the rest trust the opinion of the professional you have hired. mmm....donuts Homer Simpson 1956- Links: Site Costs Ready Reckoner | H1 Addiction Medical Advice | Château TDL: The Backyard Re: Land sales contract, should we take solicitors advice? 10Aug 17, 2008 8:13 pm Well, we bought our block! We negotiated to pay the un adjusted price of the land in order to not pay the outgoings until settlement. We are both really happy with this result, so we just have to sit back and wait for it to title now! Thanks for all the advice everyone gave us Re: Land sales contract, should we take solicitors advice? 11Aug 18, 2008 7:32 pm Lostris in what estate did you buy your block of land? My Mum built her house in Laurimar and we bought a block of land in Mernda Villages. We had our solicitor look over our contracts for Mernda Villages and nothing was *******. We didn't pay our rates until the land settled. Glad to here you got your block and negotiated with them too. Better in your pcket than in theirs. Re: Land sales contract, should we take solicitors advice? 12Aug 18, 2008 9:55 pm We bought in Eminence. We looked at Mernda Villages as well but it was a little over our budget, and they didn't have the bigger block size we were after. Great location though, we just had to make a sacrifice somewhere.
Who are you building with? We are looking at Bentley Homes. Re: Land sales contract, should we take solicitors advice? 13Aug 19, 2008 1:29 pm The block size that we got was 800m2. That is one of the reasons we decided to go there because the block we could get was big enough for the kids. I think I answered a post from your fiance regarding Bentley Homes because that is who we are building with. Do a search to find the thread. They have been really good so far. The inclusions are good too. Upgrades are reasonably priced. I believe you are looking at the Omega. Nice house. We are building the northstar 36 which is the pinaccle but slightly smaller. It's nice out that way and it is building up very quickly. I grew up in South morang then we bought a house in Epping which we have now sold to move to Mernda. I have lived in the Northern Suburbs all my life. What about yourself? Re: Land sales contract, should we take solicitors advice? 14Aug 19, 2008 9:37 pm We are in Brunswick at the moment but I grew up in Hurstbridge, so very familiar with the area. FH lived in South Morang when he was going to uni, but is from Shepparton originally. We both really wanted space for a back yard, and we should end up with about a 8m back yard and 5m side yard. Not the 1/2 acre I grew up on but it will have to do Re: Land sales contract, should we take solicitors advice? 15Aug 20, 2008 4:39 pm Hurstbidge is sooo nice. It's very quiet. The backyard issue was big for us too since we have kids and dogs so thats why we went for that size and because we are building double story its even better. We will be left with 19m by 20m and about another 5m up the side. I would love to have acreage but around here it is definately out of our price range. Like you said sacrafices have to be made. Re: Land sales contract, should we take solicitors advice? 16Aug 21, 2008 9:20 am That will be such a fantastic yard When we looked at Mernda Villages there were only 19 x 32 blocks or 16 x 36 but they had a south facing back yard. But we will have a 5 hectare park at the end of our street so if future kids want some more space for a game of cricket or something at least that is there. Re: 17Apr 09, 2009 7:46 pm brendondanielle The block size that we got was 800m2. That is one of the reasons we decided to go there because the block we could get was big enough for the kids. I think I answered a post from your fiance regarding Bentley Homes because that is who we are building with. Do a search to find the thread. They have been really good so far. The inclusions are good too. Upgrades are reasonably priced. I believe you are looking at the Omega. Nice house. We are building the northstar 36 which is the pinaccle but slightly smaller. It's nice out that way and it is building up very quickly. I grew up in South morang then we bought a house in Epping which we have now sold to move to Mernda. I have lived in the Northern Suburbs all my life. What about yourself? Hello, I think our block is next to yours (the vacant one - which has been so for the last 11 months!). We are lot 505 and we're building (hopefully) the Pinnacle. How's your build going? Are you happy with the quality of the build? When is handover? Sorry for the thousand and one questions! I'm Janet by the way. I hope we get to meet soon. Bye! Re: Land sales contract, should we take solicitors advice? 18Apr 16, 2009 10:39 am Hi Janet, Im Danielle. You are my neighbour. We are lot 504. It's so nice to meet you. Our house is up to lock up as of tomorrow. Our build with Bentley is going great. No major problems so far (touch wood) They have been really good with letting us do the plastering, alarm and intercom and also heating and cooling. We are building the Northstar 36 with the pinnacle facade. Have you decided on the facade yet. Bentley have a new desgin very similar to the pinnacle. Have you seen it? If you want to know anything about them I'd be more than happy to answer any questions. Re: Land sales contract, should we take solicitors advice? 19Apr 16, 2009 5:45 pm I'd say go with the advice of your solicitor.. after all thats what you are paying them for... Being the skeptic I am, some sales contracts may well have clauses in there on the hope that you wont get advice.. and then end up paying more money.. Its up to you what level of risk you are willing to accept, but if you have sought advice it might be worth discussing what risk level your solicitor thinks each issue is at, then make a decision. -------------------------------------------------------- Building in Highlands Craigieburn Status: Building the Laundryless 25.5: Slab Complete Re: Land sales contract, should we take solicitors advice? 20Apr 28, 2009 10:42 pm brendondanielle Hi Janet, Im Danielle. You are my neighbour. We are lot 504. It's so nice to meet you. Our house is up to lock up as of tomorrow. Our build with Bentley is going great. No major problems so far (touch wood) They have been really good with letting us do the plastering, alarm and intercom and also heating and cooling. We are building the Northstar 36 with the pinnacle facade. Have you decided on the facade yet. Bentley have a new desgin very similar to the pinnacle. Have you seen it? If you want to know anything about them I'd be more than happy to answer any questions. Hi Danielle. Just a quick note to let you know that we had our colour appointment today (the third one! - how embarrassing... ). Anyway, what really shocked me was I couldn't believe the colours I had chosen before! The render I had previously chosen was absolutely awful and as for the cupboards for the master ensuite - well, don't even ask...Anyway, hubby and I have decided that we're not going back and we'll just have to live with what we've chosen. It sounds like you're really happy with your build. I have to say, Bentley Homes has been very accommodating so far. We haven't been the easiest of customers and they have tried really hard to meet our needs. Do you have somebody else doing your plastering? How come? We have chosen the urban facade. I've always been nervous about having a balcony, which is why we ended up with the urban facade. If you feel like sharing pics - we are more than happy to take a look. I hope we meet soon. Janet I've decided, after a period of confusion (my building broker told me it's probably not worth it to use a lawyer, but others have said it is a must) that I definitely will… 7 27953 Hi All, I just wanted to close this topic out with an update. So we ended up agreeing to a number with the insurance company, and after an extensive amount of hand… 8 23403 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16563 |