All Topics / Help Needed! / Buying property without building inspection

Viewing 11 posts - 1 through 11 (of 11 total)
  • Profile photo of Chief WigamChief Wigam
    Join Date: 2004
    Post 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 advice

    Profile photo of HomeBuyerLouisianaHomeBuyerLouisiana
    Join Date: 2020
    Post Count: 17

    It’s a red flag that they are not allowing a building inspection. I wouldn’t go ahead with a deal if the seller did that.

    HomeBuyerLouisiana | Home Buyer Louisiana

    Aussie entrepreneur investing in New Orleans houses

    Profile photo of Wendy ChamberlainWendy Chamberlain
    Join Date: 2003
    Post 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.

    Wendy Chamberlain | Chamberlain Property Advocates
    Email Me | Phone Me

    Melbourne Buyers Agent & Sellers Advocate | Independent | Flat Fee

    Profile photo of RickyRicky
    Join Date: 2020
    Post Count: 13

    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

    Profile photo of David HallDavid Hall
    Join Date: 2014
    Post 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 Hall

    David Hall | The Buyers Agency
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    Buyers Agent

    Profile photo of HarleySHarleyS
    Join Date: 2018
    Post 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.

    Profile photo of bricmanbricman
    Join Date: 2008
    Post 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.

    Profile photo of WalkerJonWalkerJon
    Join Date: 2019
    Post Count: 4

    You must’ve rescind the contract already, looks fishy

    Profile photo of Chief WigamChief Wigam
    Join Date: 2004
    Post 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.

    Profile photo of propertyboypropertyboy
    Join Date: 2008
    Post 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 on

    Profile photo of Colin RiceColin Rice
    Join Date: 2011
    Post 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.

    Colin Rice | CDR Finance
    Email Me | Phone Me

    Perth Based Mortgage Broker - Investment Property Finance Specialist | E: [email protected]

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