Disclosure of Non Approved Building Works (eg pergola):
The Buyer acknowledges that the improvements on the Land include a (insert structure) which has been erected on the subject property without Local Government Approval.
The Buyer agrees not to make any requisition, objection or claim in relation to the existence of the (insert structure) and agrees that Clause 7.6 of the Terms of Contract for Houses and Land does not apply to the (insert structure)
Warranties By Seller:
In addition to any other warranties contained in this Contract, the Seller warrants to the Buyer:
(a) The Land is not subject to flooding
(b) No fill has been placed on the Land by the Seller or to the Seller’s knowledge.
(c) The Seller has not carried out any work to the Improvements other than by a registered builder;
(d) That the Included Chattels are free from Encumbrances;
(e) The Improvements have all necessary approvals and inspections from the Local Government;
(f) That the property will be left clean and tidy and in a state of good repair on settlement.
1.2 If the Buyer discovers that any of the above warranties are inaccurate, then, without limiting the Buyer’s rights at law or in equity, the Buyer may elect to terminate this Contract prior to completion or affirm the Contract and seek damages.
1.3 The warranties contained in this clause remain in full force notwithstanding completion or anything else. If a payment is made for breach of a warranty, the payment is to be treated as a reduction in the Purchase Price.