B&P Inspection Defects

Discussion in 'The Buying & Selling Process' started by LEARNTOINVEST, 23rd Feb, 2022.

Join Australia's most dynamic and respected property investment community
  1. LEARNTOINVEST

    LEARNTOINVEST Active Member

    Joined:
    14th Feb, 2022
    Posts:
    42
    Location:
    Australia
    Hi All,

    I recently got premium building & pest inspection done for 65 years old property. The inspector did not inspect roof timber frame for building & pest report due to low pitch roof.
    Maybe more surprises waiting for me...

    The report came back with lots of defects which classify by inspector's as minor.
    Some defects I have known about it but the below defects concerned me and would like advise how should I go from here.
    1. Downpipe missing
    2. Downpipe disconnected
    3. Water damage at the Entry, Laundry ,Bath & Bedroom ceilings and also on the entry wall
    4. Some sagging ceiling
    5..Security doors lock not working
    6. Rot at the base of timber post
    7. Workshop/Shed electrical connection potentially not RCD protected.

    The offer contract is a standard Reiwa comes with major defects B&P inspection, finance clause, limited warranty on plumbing, electrical & gas.

    Can I renegotiate the offer price or maybe get the seller to fix the items?
    I am waiting finance approval.

    Thank you
     
  2. The Y-man

    The Y-man Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,500
    Location:
    Melbourne
    Sounds like mainly some sort of rain leak issue.
    What the roof made of?

    It's the inspectors job to find as many things wrong as possible, but if they're minor that's good news.

    Yes you can go back and re-offer.

    Just think of what you will do if they say "No". Will you walk away?

    The Y-man
     
    LEARNTOINVEST likes this.
  3. norwoodman

    norwoodman Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    383
    Location:
    Adelaide SA
    Given the age of the building, it's pretty normal to expect a lot of defects. I don't think I have ever inspected any buildings over 30-40 years old without any defects. A lot of the defects will be the result of changing building standards (e.g. RCD protection of circuits) or general wear and tear (timber rot).

    Probably best to re-offer, but just be aware that the vendor may claim that the building is old and that a lot of these defects are to be expected.
     
    LEARNTOINVEST likes this.
  4. Mark F

    Mark F Well-Known Member

    Joined:
    29th Jan, 2020
    Posts:
    1,033
    Location:
    Canberra
    Seems pretty normal for a 65yo property. The roof leak is the main issue.
    1 and 2 suggest a blockage in the stormwater system. MAy be associated with 3.
    4 depends on degree of sagging. Normal in properties of this age.
    5. Replace lock $50
    6. Is the post structural? Maybe $200 to replace.
    7. Not necessarily a defect, May predate the requirement for rcds.
    7.
     
    Stoffo and LEARNTOINVEST like this.
  5. HonestShiba

    HonestShiba Well-Known Member

    Joined:
    17th May, 2020
    Posts:
    682
    Location:
    VIC
    Doesn't hurt to try re-offer.

    But can you even cancel the contract based on B&P? Standard REIWA contract only covers major structural defects. Those don't sound like major structural, seek the advice of a solicitor.

    If you can't even rescind the contract, your negotiations won't hold much weight (assuming the seller knows their rights).

    How much would it cost to fix?
     
    LEARNTOINVEST likes this.
  6. LEARNTOINVEST

    LEARNTOINVEST Active Member

    Joined:
    14th Feb, 2022
    Posts:
    42
    Location:
    Australia
    Thank you for the reply.
    The roof is color bond.
    If I want to re-offer, what steps I should take. Do I send email to selling agent or conveyor listing items?
    I have already signed the offer contract, I don't think I can walk away.
     
  7. LEARNTOINVEST

    LEARNTOINVEST Active Member

    Joined:
    14th Feb, 2022
    Posts:
    42
    Location:
    Australia
    I am planning to re-offer but I have never gone down that path before. I am quite naive in property investment. Looking for advise how to deal with this situation.
    I don't think I can because the inspector listed as minor defects and standard REIWA covers only major defects.
    I don't have cost yet. The roof, gutters and ceiling will be expensive to fix. Since given the age of the house, the inspector mentioned it might be asbestos.
     
  8. The Y-man

    The Y-man Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,500
    Location:
    Melbourne
    You say conveyancer, so you aren't using a lawyer?
    We have always used a lawyer.
    Worth the extra $1000 every time.

    The Y-man
     
  9. The Y-man

    The Y-man Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,500
    Location:
    Melbourne
    Yeah, low pitch metal roof will collect water and the metal corrodes - especially around the bolts holding them down, so your problem is probably not unusual.

    I usually get the inspection done first before offering and then put in an offer that accounts for the damage.

    The Y-man
     
  10. The Y-man

    The Y-man Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,500
    Location:
    Melbourne

    Actually, there was one occasion in Qld where we put in an offer subject to B/P and finance.

    The B/P wasn't bad enough to crash the contract on the B/P clause, so we just crashed it on the finance clause.....

    The Y-man
     
    LEARNTOINVEST likes this.
  11. MTR

    MTR Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    27,856
    Location:
    My World

    Not if on contract condition is subject to structural defect
     
    LEARNTOINVEST likes this.
  12. MTR

    MTR Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    27,856
    Location:
    My World

    You can try but nothing here is structural.
     
  13. gman65

    gman65 Well-Known Member

    Joined:
    23rd Jun, 2015
    Posts:
    1,805
    Location:
    Brisbane
    You probably would want to first get an estimate from some experienced tradespeople on how much to fix all of that... Even if its just ballpark.

    If say around $10k, maybe you could go to them and offer a discount of half that and see if they accept.

    When I purchased one of my IP, the roof and gutters were found to be leaking in multiple places on the B&P . I got a quote from a roofer on full replacement (which actually came back less than I expected), so I knew where I stood. Then went back to the vendor requesting 50% of that, and they accepted.

    But would depend on the market at the time, or how much the repairs could be. If you came back with "hey I want $50k off" on a $400k property, the vendor is probably going to tell you 'no way hozay'. If it's like up to 5k vendor might go "I don't want to deal with having to go to the next buyer, ok"
     
    Sackie, LEARNTOINVEST and MTR like this.
  14. LEARNTOINVEST

    LEARNTOINVEST Active Member

    Joined:
    14th Feb, 2022
    Posts:
    42
    Location:
    Australia
    Thank you everyone for
    Good to know. When you crash on the finance clause, you mean you present finance fail letter to agent? What are the consequences of that, Will it make bad credit history and hard to get loan in future?
     
  15. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,407
    Location:
    Qld
    You will probably have to prove that you lodged an unsuccessful application to get finance. Probably need a letter from the financial institution rejecting your application.

    My daughter crashed a contract after the B&P report (undisclosed termite damage). She was required to provide a copy of the report to the vendor’s solicitor (QLD).
     
  16. LEARNTOINVEST

    LEARNTOINVEST Active Member

    Joined:
    14th Feb, 2022
    Posts:
    42
    Location:
    Australia
    Thank you Marg
     
  17. The Y-man

    The Y-man Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,500
    Location:
    Melbourne
    Yeah - if you legitely crash finance, for sure there'll be a bit of mark against your name.... this agent didn't ask for anything (was a while back though)

    The Y-man
     
    LEARNTOINVEST likes this.
  18. Dishala

    Dishala Well-Known Member

    Joined:
    1st Feb, 2021
    Posts:
    56
    Location:
    Sydney
    What did you say to the lender for it to be rejected?
     
  19. The Y-man

    The Y-man Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,500
    Location:
    Melbourne
    We didn't even apply - we just told the agent our finance crashed.

    The Y-man
     
  20. Dishala

    Dishala Well-Known Member

    Joined:
    1st Feb, 2021
    Posts:
    56
    Location:
    Sydney
    Interesting and the agent didn't request for a bank letterhead? Contract didn't require this?