51. Vacant Possession

The Buyer and seller confirm that the property sold is subject to a tenancy and that this contract is subject to and conditional upon the following:-

1- the Seller providing written confirmation to the buyer that the tenant has agreed to vacate the property before settlement, on terms satisfactory to the seller, within [1] day(s) of the date of contract; and
2- the property being vacant on or before the date of settlement.

Should the Seller be unable to comply with items 1 or 2 by their due dates then the Buyer may terminate this contract in which event it shall be at an end and all monies by way of deposit shall be refunded to the Buyer. This clause is for the Benefit of the Buyer and may be waived at any time.

[1] number of days from contract for Seller to provide notice..