We received a referral from a settlement agent this week who is acting for a seller.
The contract specified various issues with the house, but the buyers initialed clauses that stated that:
- they had inspected the property;
- they were exercising their own judgment in deciding to buy;
- they acknowledged that the garage door was not in working order; and
- agreed that they took the property “as is”.
Their lawyer is now trying to get the seller to fix up a host of little things that are wrong with the property, including seeking to have the garage door repaired.
I finalised a very diplomatic “you must be joking” letter last night.
For assistance with contract of sale of land disputes, see Michael Paterson & Associates.