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Contract clause query - new build

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  • 08-10-2020 5:59pm
    #1
    sparkle109
    Registered Users Posts: 174 ✭✭


    Hi all
    We have recently put down a booking deposit on a new build which won’t be ready until July next year (approx). Given that we will have to reapply for a mortgage and with Covid we wanted to add a clause that the contract is subject to us getting finance. Our solicitor is going to check this with the builders but the front page of the contract has stated no amendments are acceptable - is this common practice? Trying to gauge how successful our solicitor will be in getting this clause in. The likelihood is we won’t need it but with the current climate we are reluctant to take the chance and stand to lose 50k.
    Thanks for any advice!


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    #2
    Smouse156
    Registered Users Posts: 529 ✭✭✭Smouse156


    sparkle109 wrote: »
    Hi all
    We have recently put down a booking deposit on a new build which won’t be ready until July next year (approx). Given that we will have to reapply for a mortgage and with Covid we wanted to add a clause that the contract is subject to us getting finance. Our solicitor is going to check this with the builders but the front page of the contract has stated no amendments are acceptable - is this common practice? Trying to gauge how successful our solicitor will be in getting this clause in. The likelihood is we won’t need it but with the current climate we are reluctant to take the chance and stand to lose 50k.
    Thanks for any advice!

    As many have posted on this forum, buyers solicitors always push for this to be included (or they’re completely useless) and it’s generally accepted. If not don’t sign! Risking 50k would be madness. Generally the builders accept these clauses


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    #3
    sparkle109
    Registered Users Posts: 174 ✭✭sparkle109


    Thanks - that’s our plan. I just wondered if it was normal for them to state upfront that there wouldn’t be any amendments to the contract?. Either way, you’re totally right, we won’t be risking it, just hoping they accept the clause, it’s first house in ages that we have seen that ticks most boxes
    Smouse156 wrote: »
    As many have posted on this forum, buyers solicitors always push for this to be included (or they’re completely useless) and it’s generally accepted. If not don’t sign! Risking 50k would be madness. Generally the builders accept these clauses


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    #4
    sparkle109
    Registered Users Posts: 174 ✭✭sparkle109


    Looks like it will be a no - not allowed any amendments, which is a pain as we will have to bow out. Strange they would do this in the climate we are in, wouldn’t have thought anyone would take the risk


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