‘Special conditions’ are additional conditions attached to a standard contract, and are normally included in contracts relating to the sale of a land. Your solicitor is able to inform you on what conditions can be included as special conditions when drawing up your property sales contract, and can also assist explaining the special conditions that exist when you are considering the purchase of a property. A solicitors advice can help protect your interest as either a buyer or seller.

Special Conditions for Sale of Land

Special conditions can be included at the request of either the seller or the buyer and subject to mutual agreement by both parties. Matters you may include by way of special terms are:

  1. Land inspection report on the structural soundness of the property to be completed by a licensed surveyor or a structural engineer or a person of your choice holding professional indemnity insurance.
  2. Termite inspection certificate to be prepared by a registered termite inspection company.
  3. Working order clause with respect to setting up of electrical lines, piping and plumbing fittings, drainage system.
  4. Payments to be made by either party with regard to necessary maintenance and repairs to the property.
  5. Payment of deposit amount in instalments, including that first instalment is to be paid on the signing of the sale contract with the balance amount to be paid upon financial sanction from bank.
  6. Penalty (ies) for delay in settlement.
  7. The sale of the land is subject to a tenancy.
  8. Authorising any person to accept the contract on your behalf by facsimile.
  9. Any repair that the parties have agreed to do.
  10. Approval of the sale contract by a nominated solicitor.
  11. Time limitation for acceptance of offer by the buyer in circumstances where the seller is hard to get hold of or the existence of several offers to buy the land are in place.
  12. Simultaneous settlement wherein you are selling off one of your properties and the fund so obtained is being used to purchase another property.
  13. Testing the soil for the purpose of installing a pool and checking whether such installation complies with the local bye-laws.
  14. Accepting the property in its current condition subject to latent and patent defects. You may make necessary enquiries with the help of your Solicitor in this regard as there may be a possibility of existence of such a defect which if you were aware of, would make you reconsider buying the property.
  15. Accepting to buy the land within a certain time period, for example within 3 days from the time when the offer was made. The land can be sold to any other person in the event you are unable to accept the offer within the stipulated time frame. A special condition wherein the seller can also accept or reject the offer within a certain date may be inserted.

Any special condition should clearly state what action has to be done and when, who is responsible for the action being done, who is responsible for payment of the action being done and what are the consequences if the action has not been completed within the due date.

These special conditions must be as precisely worded as possible to avoid future disputes. All amendments and extra conditions should be signed and dated by the seller and the buyer. It is advisable to seek the advice of our Property Lawyers and conveyancers to ensure that the special conditions are drawn up correctly.

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