Early Possession (no rent):
The Sellers agree to provide early possession to the Buyer for the property upon this Contract becoming unconditional in all respects. Early possession is provided on the following terms and conditions:
1. The Buyer provides a copy of the Certificate of Currency of Insurance.
2. The Buyer accepts the property in the condition that it is when they take possession and will not make any claims, proceedings, actions or demands against the Seller in relation to the condition of the property when they take possession.
3. The Buyer will not withhold any amount from the purchase price or delay settlement of this matter for any reason associated with the above.
4. The Buyer takes possession of the property pursuant to the terms set out in Clause 8.5 of the Contract of Sale herein.
5. All settlement adjustments to be calculated as at the date of possession.
6. If settlement does not occur the Seller will allow the Buyer [7/14] days from the termination of the contract in which remove their possessions from the property and will provide the Buyer and their reasonably necessary invitee’s further access to the property upon reasonable notice for the purpose of removing these items from the property.
Early Possession (with rent)
1. The Buyer may take possession of the property from [date…].
2. If the Buyer takes possession of the property under this clause, they do so as a Licensee pursuant to the provisions of the Terms of Contract at a license fee of $xxx.xx per week payable weekly in advance to the Sellers with the first payment to be made before taking possession and after that weekly in advance from the date of taking possession until completion.
3. Regardless of any other clause in this Contract, from when the Buyer takes possession they accept the property in the physical condition it is in at the date; agree to make no objection or claim in respect of the property’s physical condition; will be deemed to have acknowledged that their searches of the property are in order and agree to make no claim or objection regarding any matters raised in those searches.
4. Title to all chattels and improvements included in the sale will not pass to the Buyer until completion.
5. The buyer is entitled to make minor cosmetic alterations to the property before completion. The buyer will indemnify the seller in respect of any claim or action by any person against the seller in connection with or in relation to the alterations and will carry out the work in a tradesman-like manner.
6. If settlement does not occur the Seller will allow the Buyer [7/14] days from the termination of the contract in which remove their possessions from the property and will provide the Buyer and their reasonably necessary invitee’s further access to the property upon reasonable notice for the purpose of removing these items from the property.
Access Prior to Settlement for Renovations:
1. The Seller hereby agrees to allow reasonable access for the Buyer and appropriate tradespeople to the Lot for the purpose of obtaining quotes to conduct renovations to the Lot (hereinafter referred to as “the work”).
2. Once this contract becomes unconditional the Seller agrees to allow access to the Lot so the work can be commenced. The work must be conducted in a satisfactory and workmanlike manner by appropriately qualified and/or licensed tradespeople.
3. The Buyer hereby agrees to pay all costs for the work being conducted. In the event that settlement does not occur, through no fault of the Seller, the Buyer agrees to pay all the costs to ensure the work is completed in a satisfactory and workmanlike manner and hereby indemnifies the Seller against any costs, damages or other liability caused by the work.
4. The Buyer hereby agrees that they must take out ‘appropriate’ insurance to the Seller’s satisfaction
Buyer’s appointment of letting agent/Access:
Once all conditions subsequent under the Contract (including finance, building and pest inspection) are satisfied or waived, the Seller consents to:-
(i) the Buyer appointing a letting agent (“the Agent”) in the form approved under the Property Occupations Act 2014 (Qld) on such terms and conditions as the Buyer and Agent agree but specifically including in Part 4, Section 4, the following terms:-
A. The Agent acknowledges that the Client is not yet the registered owner of the Property, but has entered into a contract to purchase the Property dated ………/……./ ……… (“the Contract”).
B. The Settlement Date under the Contract is ………/……./ ………. and the Contract is unconditional.
C. The Agent may not offer any tenancy of the Property to any proposed Tenant unless the proposed tenancy commences after the Settlement Date under the Contract (or such extended Settlement Date as may be agreed between the Buyer and Seller).
D. The Client shall promptly inform the Agent in writing of any extension of the Settlement Date or, if settlement does not occur, any notice of termination of the Contract.
E. This letting appointment will be terminated on the earlier of the date the Contract is terminated or as otherwise provided under the terms of this appointment.
(ii) the Property being advertised for rent on the Internet and brochure’s prior to settlement; and
iii) the photos used to market the property for sale by the owner can be used by the appointed Agent for the advertising of the property, and
(iv) the agent placing a for lease sign at the front of the property: and
(v) the Agent having Three {3} access visits to the Property for the purpose of showing prospective tenants through it at all reasonable times throughout the week and Saturday’s prior to settlement upon
A. the Agent giving at least 24 hours oral or written notice to the Seller; and
B. the Buyer indemnifies the Seller in relation to any injury, loss or damage suffered by the Seller arising from the Agent’s access under special condition 1 (a)(v), unless caused or contributed to by any negligent or reckless act or omission by the Seller or the Agent; and
C. In the event completion does not occur and this Contract is terminated by either party, the Buyer must terminate the appointment of the Agent under special condition 1 (a)(i).