Can We Add Covered Car Parking to the Agreement of Sale at a Later Date?

Introduction

It is indeed possible to add covered car parking to an agreement of sale at a later date, such as at the time of possession. However, the specifics can vary based on the policies of the developer or the governing body of the property. To ensure a smooth process and avoid any potential misunderstandings, it is crucial to follow certain steps.

Reviewing Original Agreement

First, it is essential to review the original agreement to check if there are any clauses that address modifications or additions. If such clauses exist, they will guide you on how to proceed. If not, you will need to negotiate with the developer.

Getting Written Confirmation

To ensure that any changes, including the addition of parking, are valid, it is imperative to have them documented in writing and signed by all relevant parties. This step not only provides legal protection but also prevents any future disputes.

Consulting the Developer or Management

It is highly recommended to clarify the details from the developer or management. Understanding their specific policies and procedures for adding parking is crucial. They can also explain how they define the booking date and the process for finalizing the addition to your agreement.

Later in the process, these details should be detailed in your paperwork, including descriptions of the size and completion dates. It is vital to discuss these aspects with your attorney before closing to avoid any last-minute surprises or disputes. A clear and detailed agreement can help prevent oversights and ensure that the seller meets the buyer's expectations.

Example of a Mistake

To illustrate the importance of clear communication and documentation, consider a scenario where moving out of state led to a costly mistake. An attorney requested to leave some money on the table to address potential issues. However, due to not providing written instructions, the attorney accidentally gave the buyer what they had wanted. The mistake was only realized when the buyer's requests did not align with the seller's instructions.

This serves as a reminder to always put your instructions in writing. Without clear and documented instructions, even the best intentions can lead to misunderstandings and potential disputes.

Size and Description of Covered Parking

When considering covered car parking, it is important to ensure that it meets your needs. While some builders offer covered spaces that can fit smaller cars, you should aim for a space that is at least 16′ in length and 7′ wide to accommodate standard cars. A space that is partly covered may only fit cars like an Alto or sub-4 meter car.

It is advisable to discuss the requirements of the parking space with the developer or management to ensure that the agreement fully meets your needs. Detailed descriptions and clear specifications in the agreement are key to a smooth and successful sale.