defects with owner-builder built house

Hi All,
We extended our house as owner builder and subsequently sold the house. In less than 2 years buyer reported issue with stumps in the original part of the house (ie. main door couldn't be closed properly). Will we be responsible as owner builder?

Also if we'd like to seek professional advice relating to owner builder, where should we should start? Can anyone recommend a good solicitor please?
Thanks heaps

tina

 

I'm not sure about the rules in Vic but in NSW an OB selling a house within (6??) years of construction work being done, must obtain HOW insurance to be included in the COS.

 

If it is in the original part of the house, when was this work done or was no work done to this part of the house. You can't provide a warranty for something which was not modified.

If you restumped the original part of the house: Who was your contractor that you engaged? Were they licensed for that category of work? Are they still around/trading? Did they take out insurance for the project?

IIRC, as an OB, you are responsible to rectify the defects & that means arranging for the contractor who completed the works to rectify. If they don't exist, then you will be paying for the rectification works out of your pocket.

 

Start with finding a practising solicitor that claims to specialise in building & construction matters in your state.

Best they assess and reply to any such request. It seems likely you arent responsible but perhaps your OB works impose a warranty on the whole property somehow ?

 

Not anymore....

 

OK thanks for the update. When did this change?

 

That may have just painted the house and the microns of paint on the doors and jams have been to much and the doors jam due to the extra paint---or the stumps have sunk below the doors ..imho..

 

3-4 years ago...OB don't need insurance when selling...no insurer wants to cover them.

 

Put it down to ground movement, check if there is any change to the moisture in the ground..

Trees/bushes removed/storm water changed or not working etc..

Plenty of get out clauses with this.

 

We had insurance but this only covered for when OB disapeared, insolvent etc. so don't think it really helps us here

 

Who can we engage to get this info confirmed please?

 

Thanks all for the input. As we have no expertise in the field, we are keen to engage a solicitor/laywer in building and property related issues.
Can anyone recommend a good one in Vic? thanks heaps

 

Is it a little strange that the advice offered here is different from this thread: Structual damage after purchase

In two words: Caveat emptor

 

Each case is different and has to be considered on the information provided - 1) Old house with extension, piers subsided in old section (untouched by work) & 2) New bathroom reno - likely recent membrane failure.