Clause in Contract - should I sign?

iguana

I'm about to buy a house in the UK. The solicitor sent me the draft contract today to sign and send back if I am happy with it. But the last clause has me worried. I know that people here will be more familiar with Irish procedure but I'd like a couple of opinions before I call my solicitor on Monday.

Contract wrote:

The Buyer acknowledges that it has been given the opportunity to inspect the Property generally and specifically to discover the presence or otherwise of any materials or substances and that the Property is purchased on the basis that the Seller gives no warranty nor made any representation as to the state and condition of the property and with full knowledge of the previous users so that the Buyer will have no claim (nor will he/she make any claim) in respect of any loss damages costs expenses claims or liability of whatever nature and however arising as a result of the state and condition of the Property (irrespective of whether the consideration having been reduced to reflect such state and condition).

Does this mean that the house which is in excellent condition, and my payment reflects this, is not guaraunteed to be in that condition when I move in? The seller has left the UK and the house is being temporarily let. This worries me slightly as the tenants aren't very tidy. And each time myself or my partner have seen the house, 4 times - always with notice given, it has been in a mess. (ie, dirty dishes and clothing left all over the place, but the house itself is great so I could see past the mess). But I do worry that they may have a huge party and walk out leaving whatever mess and damage they cause behind them as the vendor isn't there to check up on them.

I was considering requesting a pre-completion check being written into the contract, that we could visit the property after the tenants leave. But I didn't want to cause delay. However this clause has left me worried. Any advise? Have I mis-interpreted the paragraph? Or should I try get it changed before signing?

Looks just like a repetition of the standard 'caveat emptor' principle to me. If it's a second hand house, what guarantee do you expect? I mean, it's up to you to carry out a survey, check out planning in the area, inspect the property yourself etc. etc.

iguana

Deleted User wrote:

If it's a second hand house, what guarantee do you expect? I mean, it's up to you to carry out a survey, check out planning in the area, inspect the property yourself etc. etc.

I have had a survey carried out, which came back fine. My concern isn't about structural problems. But along the line of what the tenants might do before they move out.

If they break a window or damage the flooring while moving their stuff out I feel that that is the current owners responsibility. They are his tenants not mine and we are buying the house with vacant possession. However although they will move out in the week before we complete the owner will not be there to oversee the condition of the house as he has emmigrated.

It will be a couple of months to completion and we last saw the house 10 days ago when our survey was done. I want to buy the house we saw and not a house which could be damaged by tenants between now and then.

secret_squirrel

afaik unless they did major damage you are stuck with the condition of the house, unless you ask your solictor to specify otherwise.

Some friends of mine bought a house in the uk, before the previous people left they punched holes in all the internal doors and put fish under the carpets, and there wasnt a thing my friends could do about it.

Another friend moved in as the previous owners were unscrewing the light switches to take with them! :eek:

JimmySmith

Sounds fairly standard stuff.
You should check the house before giving your solicitor the go ahead on the day of the sale.
If you're not willing to do that then you just have to go with the flow.
I know 2 people in Ireland who closed the sale of a house and when they got their keys and went to the house with the removals trucks the seller was still living in it.
One got them out in a week, but the other took a month.
On both occasions the excuse was 'But we have nowhere to live until our house is finished' , meanwhile the poor buyers had nowhere to live and trucks full of furniture etc on the road.

Victor

If this is a clause added by the vendor to a standard contract I would be wary. If it is a standard clause, I wouldn't worry so much.

Have someone survery it professionally and have photos taken of its condition. Demand vacant and empty possession with all nooks and crannies accessible.