Property Survey. The Buyer may inspect the Property and in so doing cause a survey to be made of the Lot and fixed and permanent structures thereon and should there be an error or misdescription with respect to the dimensions of the Lot or an encroachment onto or from the Lot the Buyer: (1) may in the case of an error, misdescription or encroachment, any one of which is of a material nature, elect (in writing to the Seller) to complete this Contract or terminate before Settlement; or (2) in the case of an error, misdescription, or encroachment, any one of which is of an immaterial nature, disclosed by survey or otherwise, must complete the purchase in accordance with the terms of this Contract. Should the Contract be terminated in accordance with Clause 25(1), all monies by way of Deposit shall be refunded to the Buyer.
Appears in 4 contracts
Samples: Contract for Sale of Residential Lots, Contract for Sale of Residential Lots, Contract for Sale of Residential Lots
Property Survey. The Buyer may inspect the Property and in so doing cause a survey to be made of the Lot and fixed and permanent structures thereon and should there be an error or misdescription with respect to the dimensions of the Lot or an encroachment onto or from the Lot the BuyerBuyer may:
(1a) may in the case of an error, misdescription or encroachment, any one of which is of a material nature, elect (in writing to the Seller) to complete this Contract or terminate before Settlement; or
(2b) in In the case of an error, misdescription, or encroachment, any one of which is of an immaterial nature, disclosed by survey or otherwise, the Buyer must complete the purchase in accordance with the terms of this Contract. Should the Contract be terminated in accordance with Clause 25(122(a), all monies by way of Deposit shall be refunded to the Buyer.
Appears in 2 contracts
Samples: Contract for Sale of Residential Lots, Contract for Sale of Residential Lots
Property Survey. The Buyer may inspect the Property and in so doing cause a survey to be made of the Lot Land and fixed and permanent structures thereon and should there be an error or misdescription with respect to the dimensions of the Lot Land or an encroachment onto or from the Lot Land the Buyer:
(1) may in the case of an error, misdescription or encroachment, any one of which is of a material nature, elect (in writing to the Seller) to complete this Contract or terminate before Settlement; or
(2) in the case of an error, misdescription, misdescription or encroachment, any one of which is of an immaterial nature, disclosed by survey or otherwise, must complete the purchase in accordance with the terms of this Contract. Should the Contract be terminated in accordance with Clause 25(124(1), all monies by way of Deposit shall be refunded to the Buyer.
Appears in 1 contract
Samples: Contract for Sale of House and Land