- Chief WigamParticipant@chief-wigamJoin Date: 2004Post Count: 60
i have bought a property which is about to settle in 8 days.
no building inspection was done and none is being allowed by the seller at the final inspection which will be in 4 days.
the contract of sale did not contain a building permit for the extension done 5 years ago. The other issue is it didn’t contain a builders warranty insurance. My solicitor has requested this from the seller’s solicitor several times and nothing has been received to date.
So I don’t know who the builder was and now have doubts about the quality of the extension.
i have the right to rescind the contract since not providing the above is a clear breach of the Building Act.
is there any way to get a copy of the building permit or at least find out who the builder was without going through council? Council won’t give it to me as I am not listed as owner.
Thanks for any adviceHomeBuyerLouisianaParticipant@homebuyerlouisianaJoin Date: 2020Post Count: 17Wendy ChamberlainParticipant@moorewJoin Date: 2003Post Count: 58
It’s a red flag that they are not allowing a building inspection.
That is a major red flag that should be setting off alarm bells.
In my experience, a vendor generally has no issues with a building inspection being done. Where they do, it begs the question… why? What are they hiding?
We always suggest to clients that they get a building and pest inspection done. We have pulled out of proceeding with properties many times based on what has been discovered during a building/pest inspection. A very worthwhile investment to save a hip pocket hit down the track.
Hope all worked out for you on this one.
RickyParticipant@ricky1990Join Date: 2020Post Count: 13
- This reply was modified 2 years, 5 months ago by Wendy Chamberlain.
Yes, I too agree with @wendy Chamberlain. This is a totally red flag scenario. I believe real estate agents can play a significant role in this. If somebody wants to buy a property then he should first consult a real estate vendor since this is the first and foremost aspect of the agreement. Tell real estate agent all your needs and wants regarding the property details. The real estate agents will act as an intermediator between buyer and seller. As @chief Wigam said that he was not allowed any house inspection, even he did not even know the buyer.
That loopholes should be rectified beforehand otherwise this is not the case of buying clothes. You are buying a property which is a humongous investment. And if something goes wrong in the initial procedure then you can’t rely on others.
Ricky | Naval Aulakh Real Estate Agent
https://navalaulakh.com.au/David HallParticipant@wiggles2Join Date: 2014Post Count: 66
I would go back to the selling agent and advise that if you cannot get an inspection, you won’t be settling. With settlement this close you can guarantee that the seller is well advanced in their moving on plans. If they still refuse, I would definatley terminate the deal. The only qualifier I would put on it is if you got it at an outstanding price, such that you have a significant buffer.
I would also seek legal advice from your solicitor to confirm that you can terminate the deal, and what pain and suffering you may endure post termination, eg bad credit score, counter suing, paying finance fees to your broker etc.
David HallHarleySParticipant@harley89Join Date: 2018Post Count: 3
When you gave your written offer did you specify “subject to building inspection”? Or pest inspection, finance or otherwise?
Did you not discuss bringing a builder or qualified/experienced friend through prior to offering?
I mean if you are only 8 days from settlement wouldn’t you have already put down a deposit to the vendor and or sellers agents trust? And has your conveyancer / solicitor said you will be able to get that deposit back?
This entire thing is so scary sounding, if i were in your position right now i would be contacting sellers agent and telling the vendor, opposing conveyancer and estate agent that i will be revoking the offer and not settling, and that you are not opposed to making a new offer “subject to building inspection” if the vendor can provide details on the extension, illegal works or otherwise just give details on the works, so my offer can reflect the hazards your obviously hiding.bricmanParticipant@bricmanJoin Date: 2008Post Count: 29
Had a similar experience recently where i couldn’t find out from the owners or agent if the property had illegal building works (i.e garage conversion to living space) ended up getting the owners written consent and launched a GIPPA application to council (generic GIPA Access Application Form to request information) and they called me, emailed me the file and didn’t even charge me for it!
Got the info i needed, peace of mind is key when buying bricks and mortar.WalkerJonParticipant@walkerjonJoin Date: 2019Post Count: 4
You must’ve rescind the contract already, looks fishyChief WigamParticipant@chief-wigamJoin Date: 2004Post Count: 60
Sorry I didn’t reply earlier. But thanks for the responses. I went through with it as I had no leg to stand on as it was bought within 3 days of auction date.
Nothing drastically wrong with the house except the roof needs replacing (tiles brittle) – no leaks but will get around to doing that in the next couple of years.propertyboyParticipant@propertyboyJoin Date: 2008Post Count: 232
How do you get comfort on property that go auction? Do you just accept the risk? Or keep paying for inspection takkng on risk you may lose auction on properties you have sunk a building inspection onColin RiceParticipant@fmsJoin Date: 2011Post Count: 338
The agent will know what the reason is, whether he will disclose or not (doesn’t sound that way) is the test. Go back and ask him/her why the seller doesn’t allow a building inspection.