Where contracts for the transfer of business property are concerned, one of the elements that may need to be specially negotiated includes removal of rubbish It may be necessary to include a special provision in the contract requiring the seller to remove all rubbish from the property prior to the completion of the sale.2 In general, a buyer also has the right to inspect the property thoroughly before the sale and if the Company had carried out such an inspection of the property, they would have been able to find the rubbish and require that it be disposed of before the sale was concluded. It is the buyer’s duty to carry out such an inspection and since the Company has chosen to purchase the property without carrying out such a thorough inspection of the premises before the sale was concluded, it may not have much legal recourse to file for any breach of contractual conditions, since the condition for removing of waste and transfer of the property sans rubbish was never set out among the contractual terms.
The Company’s legal options are not so good once the sale has been concluded and the property has passed into its hands. Since it has not included any provision for clearing up of the rubbish in the contract and the sale has already been concluded, the disposal of the rubbish may be held to be the responsibility of the Company because it is the new owner of the property. Although the Company will have to incur a cost of 5000 pounds for removal of the wastes, it appears likely that if the matter is taken to the Courts, the principle of caveat emptor or Buyer Beware will apply. As a result, the stage at which the Company stands is one where it may be held to be the owner of the property and therefore responsible for clearing the rubbish according to the guidelines laid out in the Environmental Act of 1990.
The sliding doors could possibly be recovered if it can be proved that they were fixtures to the property rather than chattel. .