哪位大侠能来解解,这两条是不是能保证我能terminate agreement,拿回deposit?
18. RISK OF LOSS. The risk of loss or damage to the Property by fire, wind
storm or other casualty until settlement shall be
borne by Seller. If any part of the property is damaged or destroyed by fire
or other casualty loss, Seller shall restore the same
to its previous condition as soon as reasonably possible, but in any event
by settlement date. If Seller is unable to do so, Buyer
may terminate this Agreement and the deposit monies shall be refunded to
Buyer in accordance with the terms of this
Agreement.
19. CONDITION OF PROPERTY; INSPECTIONS. Seller shall deliver the Property in
substantially the same physical condition
as of the date of this Agreement unless repairs are agreed to as part of the
inspection processes explained in paragraphs 20, 21
and 22. However, the electrical, plumbing, wastewater/septic system, well,
heating, air conditioning, and any other electromechanical
systems, appliances and equipment included in this Agreement shall be in
operating condition at time of final
settlement unless otherwise disclosed in the Seller’s Disclosure of Real
Property Condition Report Form or elsewhere in this
Agreement of Sale. Seller’s responsibility for these items shall expire at
the time of settlement.
Seller shall not be obligated to repair any defects fully disclosed in the
Seller’s Disclosure of Real Property Condition Report
or defects otherwise accepted by Buyer in this Agreement or as a result of
the inspections. However, specific actions required
by this Agreement, or agreed to by addendum resulting from the inspections,
such as “repair defective electric outlet in the
kitchen,” will remain part of this Agreement.
Any failures of the Property occurring between the time of final acceptance
and settlement shall be repaired by Seller, at
Seller’s expense, prior to settlement. Seller is responsible for insuring
that utilities are turned on during inspections, appraisals
and pre-settlement inspection. Seller agrees to permit access to Property by
any authorized appraiser, inspector or contractor as
required by the lender or by other terms of this Agreement. Property shall
be "broom clean" and free of debris at time of final
settlement or occupancy (whichever occurs first).
Buyer shall have the responsibility of scheduling a pre-settlement
inspection of Property within 48 hours prior to settlement to
verify that Property is in the condition required by this Agreement
including conditions disclosed and accepted by Buyer
elsewhere in this Agreement or by addendum.
Except as expressly contained herein, no other warranties or representations
have been made by Seller or relied upon by the
Buyer, and upon settlement all the Seller’s obligations for condition of
the Property under this Agreement shall expire. It is
understood and agreed by the parties hereto the Broker(s)/Salesperson(s)
assumes no responsibility for defects concerning the
physical condition of the Property described herein and all improvements
thereon. Buyer represents that they have made a
satisfactory inspection of the Property and agrees to accept the Property in
its present condition except as otherwise provided in
this Agreement.