Survey and Inspection. The Buyer may conduct a survey of the property to ascertain the boundaries and area of the property and establish the location of structures purporting to be on the property or on adjoining land. If there is any material or substantial error in the boundaries or area of the property or any encroachment of a material or substantial nature the Buyer shall be entitled to rescind this Contract by notice in writing to the Seller given before completion, in which event, all deposit and other moneys received by the Seller or the Stakeholder on account of the purchase price shall be refunded to the Buyer without interest, costs or damages in full and final satisfaction of all claims. Any error in the boundaries or area of the land or any encroachment either of which is not of a material or substantial nature shall not entitle the Buyer to rescind this Contract, but compensation shall be payable by the Seller to the Buyer if claimed by the Buyer before completion. If the parties cannot agree upon the amount of compensation, the amount shall be determined by an arbitrator appointed in the manner specified in clause 5.2(d). The Buyer must not delay completion or withhold any part of the purchase price pending the resolution of any compensation claim under clause 8.2. Upon reasonable notice to the Seller, the Buyer and its consultants may enter upon the property to: carry out any inspection needed for the preparation of an inspection report under clause 26; value the property; and conduct a final inspection prior to completion. The Seller warrants that no notice has been given to meet or contribute towards the cost of constructing any dividing fence now existing between the property and any adjoining land or to meet or contribute towards the cost of any dividing fence before the date of this Contract.
Appears in 2 contracts
Samples: Contract of Sale, Contract of Sale
Survey and Inspection. 8.1 The Buyer may conduct a survey of the property to ascertain the boundaries and area of the property and establish the location of structures purporting to be on the property or on adjoining land. If there is any material or substantial error in the boundaries or area of the property or any encroachment of a material or substantial nature the Buyer shall be entitled to rescind this Contract by notice in writing to the Seller given before completion, in which event, all deposit and other moneys received by the Seller or the Stakeholder on account of the purchase price shall be refunded to the Buyer without interest, costs or damages in full and final satisfaction of all claims. .
8.2 Any error in the boundaries or area of the land or any encroachment either of which is not of a material or substantial nature shall not entitle the Buyer to rescind this Contract, but compensation shall be payable by the Seller to the Buyer if claimed by the Buyer before completion. completion.
8.3 If the parties cannot agree upon the amount of compensation, the amount shall be determined by an arbitrator appointed in the manner specified in clause 5.2(d). .
8.4 The Buyer must not delay completion or withhold any part of the purchase price pending the resolution of any compensation claim under clause 8.2. .
8.5 Upon reasonable notice to the Seller, the Buyer and its consultants may enter upon the property to: :
(a) carry out any inspection needed for the preparation of an inspection report under clause 26; ;
(b) value the property; and and
(c) conduct a final inspection prior to completion. The Seller warrants that no notice has been given to meet or contribute towards the cost of constructing any dividing fence now existing between the property and any adjoining land or to meet or contribute towards the cost of any dividing fence before the date of this Contract.
Appears in 1 contract
Samples: Contract of Sale
Survey and Inspection. 8.1 The Buyer may conduct a survey of the property to ascertain the boundaries and area of the property and establish the location of structures purporting to be on the property or on adjoining land. If there is any material or substantial error in the boundaries or area of the property or any encroachment of a material or substantial nature the Buyer shall be entitled to rescind this Contract by notice in writing to the Seller given before completion, in which event, all deposit and other moneys received by the Seller or the Stakeholder on account of the purchase price shall be refunded to the Buyer without interest, costs or damages in full and final satisfaction of all claims. .
8.2 Any error in the boundaries or area of the land or any encroachment either of which is not of a material or substantial nature shall not entitle the Buyer to rescind this Contract, but compensation shall be payable by the Seller to the Buyer if claimed by the Buyer before completion. .
8.3 If the parties cannot agree upon the amount of compensation, the amount shall be determined by an arbitrator appointed in the manner specified in clause 5.2(d). .
8.4 The Buyer must not delay completion or withhold any part of the purchase price pending the resolution of any compensation claim under clause 8.2. .
8.5 Upon reasonable notice to the Seller, the Buyer and its consultants may enter upon the property to: :
(a) carry out any inspection needed for the preparation of an inspection report under clause 26; ;
(b) value the property; and and
(c) conduct a final inspection prior to completion. The Seller warrants that no notice has been given to meet or contribute towards the cost of constructing any dividing fence now existing between the property and any adjoining land or to meet or contribute towards the cost of any dividing fence before the date of this Contract.
Appears in 1 contract
Samples: Contract of Sale
Survey and Inspection. 8.1 The Buyer may conduct a survey of the property to ascertain the boundaries and area of the property and establish the location of structures purporting to be on the property or on adjoining land. If there is any material or substantial error in the boundaries or area of the property or any encroachment of a material or substantial nature the Buyer shall be entitled to rescind this Contract by notice in writing to the Seller given before completion, in which event, all deposit and other moneys received by the Seller or the Stakeholder on account of the purchase price shall be refunded to the Buyer without interest, costs or damages in full and final satisfaction of all claims. .
8.2 Any error in the boundaries or area of the land or any encroachment either of which is not of a material or substantial nature shall not entitle the Buyer to rescind this Contract, but compensation shall be payable by the Seller to the Buyer if claimed by the Buyer before completion. completion.
8.3 If the parties cannot agree upon the amount of compensation, the amount shall be determined by an arbitrator appointed in the manner specified in clause 5.2(d). 5.2(d).
8.4 The Buyer must not delay completion or withhold any part of the purchase price pending the resolution of any compensation claim under clause 8.2. 8.2.
8.5 Upon reasonable notice to the Seller, the Buyer and its consultants may enter upon the property to: :
(a) carry out any inspection needed for the preparation of an inspection report under clause 26; 26;
(b) value the property; and and
(c) conduct a final inspection prior to completion. The Seller warrants that no notice has been given to meet or contribute towards the cost of constructing any dividing fence now existing between the property and any adjoining land or to meet or contribute towards the cost of any dividing fence before the date of this Contract.
Appears in 1 contract
Samples: Contract of Sale