Building inspection subject to my satisfaction

Discussion in 'The Buying & Selling Process' started by MondeoMan, 3rd Mar, 2017.

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  1. MondeoMan

    MondeoMan Well-Known Member

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    Is this possible? My building inspector says i need to have clause worded like that but estate agent refused. Would only allow it to say no major structure defects. Inspector says there could be problems adding upto 50000 that he could not class as major structural on own
     
  2. Vassago

    Vassago Well-Known Member

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    Yes possible and what I have done.

    Had one where the agent wouldn't let me use it, building inspector picked up faulty roof that leaked and due to the wording of the clause and report it did not need to be fixed.

    If the agent says no, can proceed with their wording or walk.
     
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  3. luckyone

    luckyone Well-Known Member

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    I've used your wording. I'd be worried why they are saying you can't use it? Are they trying to hide a defect they already know about?
     
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  4. spludgey

    spludgey Well-Known Member

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    Yes, have done this for all my purchases.
    If the agent refuses, say that you won't sign. If they call your bluff, they'll no longer be working in the vendor's best interests, so I think it's very unlikely to occur.
    In my experience, you'll always manage to get that clause in.
     
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  5. The Y-man

    The Y-man Moderator Staff Member

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    Where we need a building inspection, we generally do it before making the offer.
    1. lets the agent know you are serious
    2. lets you give an offer based on the report (even if it came back clean!) or bail out if really bad.

    The Y-man
     
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  6. dabbler

    dabbler Well-Known Member

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    You could tell the agent, you will let your solicitor and vendors solicitor sort out the wording, non major defects could cost any amount, it is unknown.

    Ask the reason why the agent is worried about this.
     
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  7. Joynz

    Joynz Well-Known Member

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    I wouldn't allow that wording, ('to buyer's satisfaction') as a vendor.

    Means a buyer could try to use any excuse to get out of the offer without losing their deposit. That mucks the vendor around.

    In Victoria, you can 'cool off' and just lose the small deposit amount without any reason. So if there are no structural defects but you have changed your mind because of lots of little things - or any reason - then just cool off.
     
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  8. Phase2

    Phase2 Well-Known Member

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    I wouldn't buy with out that wording unless I was planning on a demolition.
     
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  9. shorty

    shorty Well-Known Member

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    Why ask permission? Submit a written contract, tell the agent to present it. Send a copy to the vendor's solicitor / conveyancer if you think the agent won't pass it on. Either the vendor accepts or they don't.

    Either that, or do an inspection upfront
     
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  10. KateAshmor

    KateAshmor Victorian Conveyancing Lawyer Business Member

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    It will usually be too late to cool off (after three business days) by the time the building inspection report comes through.

    I advise my clients to remove the word "major" before "structural defect", and the word "live" before "pest infestation". This has saved my clients getting stuck with properties full of minor defects, or with serious termite damage but no live termites. There's a blog about this on my website.
     
  11. D.T.

    D.T. Specialist Property Manager Business Member

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    Not really needed here in SA as we have a free cooling off period.

    Most of my own investments, I didn't have a building inspection clause at all. Just had one performed and bailed if necessary (only needed to once)
     
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  12. Jaggannath

    Jaggannath Well-Known Member

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    The two properties in SA I bought didn't require it because of the cooling off period, and I bailed on a third because of friable asbestos in the walls. In Canberra I had it, and it gave me leverage to get an extra $2k off the price of the house because of unapproved structures on the property
     
  13. Marg4000

    Marg4000 Well-Known Member

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    You can insert any clause you want.

    You just have to get the vendor to agree.

    Would I sign your condition? No. The B&P is to find any undisclosed or unknown problem, not a 7-14 day "get out of jail free" card to play which takes my property off the market while you look around to see if you can find another property, or simply change your mind. That is what the cooling off period is for, with minor penalty.
    Marg
     
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  14. vbplease

    vbplease Well-Known Member

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    You don't have a choice in QLD.. its part of the T&C of a standard REIQ contract.
    4.1 (1) "This contract is conditional upon the buyer obtaining a written building report... ...on terms satisfactory to the Buyer".
     
  15. mossolbtraf

    mossolbtraf New Member

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    I include this clause in any contract I sign. There are too many variables you can't see that the building inspector can find. You don't need a property bad enough to take the risk. As a vendor, I never sell a property that I know won't be acceptable - so I'm more than happy to include the clause.
     
  16. dabbler

    dabbler Well-Known Member

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    Nothing saying you need to use this, or include this, or not strike it out.

    That wording is way too sloppy and loose, and therefore you see many properties back on market saying contract crashed.

    NSW is better, you get your cooling off, but you wont be playing games as it will cost you something. And is fairer to seller as well. You do not see "contract crashed" in NSW.

    And OP has either crashed, not bought, or settled by now :)
     
  17. dabbler

    dabbler Well-Known Member

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    Are you providing a guarantee when you sell an old car as well, you can simply allow a buyer to do inspection first, when satisfied, then sign, no point doing other way around if it means nothing.