Contract question regarding building and pest report [VIC]

Discussion in 'Legal Issues' started by Clements, 2nd Apr, 2021.

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  1. Clements

    Clements New Member

    Joined:
    2nd Apr, 2021
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    Location:
    Melbourne
    I recently made an offer on a property subject to finance and building and pest report. When I received the contract to sign I noticed the boxes relating to building report and pest report had not been ticked. I asked for this to be amended and when I received the new version of the contract I noticed the boxes had not been ticked but the wording "Subject to building and pest inspection within 10 days of signing of this contract. If anything major comes up in the report buyer may end this contract" had been added.

    This is my first property purchase so wanted to make sure this essential means the same thing as ticking the two boxes. My assumption is it was written in to make it 10 days rather than the 14 days mentioned under General Conditions 21 & 22?

    I would have referred this question to my conveyancer however they are now on leave for the next week. Any advice would be much appreciated.
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Australia wide
    why are you signing without legal advice?
    It sounds like that clause wasn't drawn up by a solicitor as it is a bit vague - a lot vague really. What does 'major' mean? 'comes up'?
     
  3. The Y-man

    The Y-man Moderator Staff Member

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    18th Jun, 2015
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    Location:
    Melbourne
    As per @Terry_w above. What happens if your building comes back with one or 2 stumps rotten, past termite activity, a leaking bathroom. Vendor lawyer says this is not major. Many stories of this kind before.

    We always get B&P done first, THEN make offer based on the likely repair costs etc.

    The Y-man