Business Victoria has posted yesterday an update about what activities can be conducted in respect to the sale of real estate in Victoria when Stage 4 restrictions are being enforced. Below is a summary of what was published.
Contacts Entered into Prior to and including 5 August 2020
Contractual provisions relating to pest inspections, building inspections, finance valuations or final inspections which fall due during stage 4 are permitted to occur. The usual safety provisions must followed.
Contacts Entered into after 5 August 2020
Contracts which contain clauses which require an onsite property attendance, these attendances are not permitted during stage 4.
Goodman Group Lawyers has received many questions from purchasers who have a clause in their contract and cannot action them because of the stage 4 restrictions. People have asked if they could avoid the contract or demand an extension. Whilst every contract is different and legal advice needs to be considered on the facts and circumstances, generally the purchaser is stuck.
In a hypothetical situation where the contract was subject to a building inspection, these clauses typically only allow the purchaser to withdraw from the sale based on a building inspection report. If the inspector cannot attend to prepare the report then it is arguable that this is a problem for the purchaser and the contract condition would proceed to being satisfied and the potentially the contract could be considered to proceed unconditionally.
If you need assistance either buying or selling real estate call us today and learn how we can assist you.