Hi all
Asking about putting building inspection clause in a contract. I would like to find out has anybody successfully got vendor to remediate an issue that is NOT exactly considered a “major defect” before?
I understand that if a major defect is found, the buyer has the option to pull out of the contract. (or alternatively the vendor can offer to fix the defect as long as the buyer agrees). But how likely is the vendor to fix a minor defect?
Also, when you putting down a building inspection clause, do you get the choice to customize the wording or can you only go with the “standard wording”?
For example, when making offers for properties in New Zealand, I always put down “This agreement is conditional upon the purchasing being 100% satisfied with the content of a building inspection report” <— notice how it says 100% satisfied, not just “major defect”.
So I am wondering if it is possible to customize wording like that in Australia?
Its possible, but unlikely to be agreed with by the vendor.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
These issues are open to negotiation and if you don’t ask you don’t get.
Remember, in hot markets things like this will put you at the bottom of the list.
Colin Rice | CDR Finance
http://cdrfinance.com.au/
Email Me | Phone MePerth Based Mortgage Broker - Investment Property Finance Specialist | E: [email protected]
You can negotiate minor defects, but it really depends on the vendor and how competitive the property is. If it’s a hot market, most sellers won’t bother fixing anything unless it’s a major defect. But if the property has been sitting for a while, sellers are usually more open to remediating small issues—especially if your request is reasonable and backed by a proper building and pest inspection report.
As for the clause wording, yes, you can customise it in Australia. There’s no rule that you must stick to the standard phrasing. Your solicitor or conveyancer can help you add wording similar to the “100% satisfied” clause you used in NZ. It just has to be agreed upon by both parties.
A lot of buyers these days use platforms like Service Tasker to quickly book reputable inspectors and get detailed reports. Having a solid report and clear clause upfront makes your offer look more serious and gives you more room to negotiate on defects—major or minor.
michaelwaldron | Service Tasker
https://servicetasker.com.au/Yes, you can often customize the building inspection clause in Australia. Vendors are less likely to fix minor defects, but clearly stating your conditions, like “100% satisfied,” can give you more leverage to negotiate.
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