买房合同条款

bbjer · 发表于 2014-5-31 06:06:40

请问一下各位有经验的童鞋，我最近看上一套房，是Auction的房子，想pre auction买，中介的做法比较奇怪，一定要我先签合同，提供10%deposit支票，再加上律师的证明信证明我放弃cooling off 才可以向房东谈我的报价。因为觉得房子还比较适合，这些我都接受了，但我律师看合同的时候，要求修改以下几条：
Early release of deposit – they have not agreed to delete the clause that allows the release of the deposit prior to settlement. In the event that the vendor breaches the contract, and you are entitled to your deposit back, it will be practically more difficult to get your 10% back as it will not all be held with the real estate agent.

Vendors power to rescind if claim made – there is a standard clause in the contract that allows the vendor to rescind the contract in the event that you make a claim against them for more than 5% of the purchase price. The vendors have altered this clause so that the threshold is lowered to $100. We have asked for the 5% threshold to be reinstated, but the vendors have refused.

Removal of charges – there is a clause in the contract that stipulates that if there is a charge on the property (for instance, due to unpaid land tax, council rates, water rates etc) which is not cleared by settlement date, you have no right to delay settlement. We have asked for this clause to be deleted but the vendors have refused. Practically, if there is a charge placed on the land (for land tax or a caveat or another encumbrance), you will want to have this removed prior to settlement. You bank will also likely want to have this removed.
对方律师不同意，但是，如果对方拿了我的deposit 去买房子，后来反悔不给我卖了，我的deposit要回来很麻烦。而且，我如果向卖方Claim损失的话，超过100元他有权废除合同。那我不是什么保障都没有，卖方毁约不用承担责任，而且房子有问题他也只修100块之内的。而且，如果Title上有任何charge，我也不能延后settle。
中介催我明天就签合同，有没有有经验的童鞋，这样的合同能签吗？非常感谢