Special condition in contract

jood22

We’ve just learned that the house we have sale agreed on and are very close to signing and closing (or so we thought) has a special condition the vendors attached stating the sale of house is conditional upon them buying a house in another area.

is this normal? Should we be concerned?

daheff

Tell them you don't agree to this condition.

They can ask for whatever conditions they want. You do not have to accept the conditions.

I presume your solicitor has flagged this to you as it is out of the ordinary?

spaceHopper

yes its called buying in chain, they must be sale agreed on another house but if that should fall through for any reason they don't want to be homeless

Claw Hammer

https://www.boards.ie/discussion/2058204347/special-condition-in-contract

It is becoming normal. I wouldn't have it. You will be played like a fish for months and then it can go tits up.

jood22

we contacted the auctioneer to tell her we're not happy with this clause who then contacted the vendor. Turns out they didn't request it, the solicitor put it in. So our solicitor is contacting theirs to request it be taken out.

Emma2019

It doesn't matter whether the clause is written in or not. They're under no obligation to sell to you until their new purchase is sorted.

You'll sign and send back the contracts to them. It's up to the vendor when to sign and what closing date to put in and they'll only sign and return when their other sale is sorted. Your only option would be to wait or pull out.

So yeah, the clause is just saying what happens in practice with every chain sale.