All chattels listed in the ADLS Agreement must be delivered to the purchaser on settlement in the same state of repair as at the date on which the ADLS Agreement was signed. A recent change in the ADLS Agreement further requires that these chattels be in “reasonable working order, where applicable”. The vendor further warrants that all electrical and other installations on the property are free of any charge (for example, not subject to finance).
Any breach relating to chattels provides the purchaser with a right to compensation, but does not entitle the purchaser to cancel the ADLS Agreement. A prospective purchaser should therefore carefully inspect the property to ensure all chattels included in the sale are of an acceptable standard and any issues are dealt with ahead of time.
In relation to any works the vendor has done, or caused or permitted to be done on the property, they warrant that:
This warranty will not extend to works done on the property by a previous owner, and purchasers are advised to carry out their own investigations, rather than rely on the warranties. Extra vigilance must also be adopted where the property is a cross lease or unit title as these may be subject to additional requirements for any work carried out on the property.
Other warranties given by the vendor at the date of the ADLS Agreement include:
The ‘fine print’ of any sale & purchase agreement needs to be carefully considered and understood by all parties to the transaction. The implications and consequences of giving warranties that are not correct can be significant. If there are warranties that you cannot accurately give, amendments to the warranties will be needed before signing any agreement. Consulting a lawyer from the outset is highly recommended.