Exercising pest and building clause

I have a signed contract on a property I am selling and the buyer has sent instructions regarding repairs to be made to the property prior to settlement and to provide evidence of repairs from a licenced carpenter. The items are - fix a hinge on a door, paint match a small patch on a wall, repair a patch of pilling carpet and removing some grass from a drain.

Do these items fall within those whereby a buyer can rescind the contract, and is it a legal requirement that I have a licensed tradesman do this, rather than a handyman?

My solicitor has contacted me asking for my advice - I thought that was their job. Anyway, I'd like to hear if this is standard tactics in qld to get a price reduction or to get out of a contract.
Thanks in advance.

 

I doubt these would be grounds to crash a contract. Throw the questions back to the solicitor for clarification.

A carpenter won't fix carpet or remove grass from a drain!

Your solicitor is probably asking for instructions, asking what you want to do.

Many buyers seem to think that any minor defect in a B and P report is grounds to renegotiate the price. When we sold my mum's 60 year old house we priced it according to its condition, which was pretty good. We made it clear to the RE agent to tell any prospective buyer that we were selling as-is and, unless a B and P report showed major problems we would not be changing the contract price. All went well.
Marg

 

They sound like wear and tear to me.

Non-issue & push back.

 

Solicitor is asking what you want to do because they cannot make decisions but can act on your directions.

Depending on the wording of the B&P clause will depend if they can claim if it only mentions structural issues tell them to get lost as this doesn't form part of the agreement.

However if the wording does cover this (e.g. to their satisfaction) then it is now up to you. I personally would tell them to get lost as these are wear and tear and if all were visible on inspection then they should of accommodated that on their offer when first submitted BUT if is a slow market and there are very few buyers and you need to move on to the next stage then you will need to weigh up if it is worth agreeing.

You can also counter their conditions by saying a handyman and/or excluding - you are negotiating still.

My grandparents had a B&P come back with similar stuff (but about 30/40 items) and they were after a 3k reduction (approx. 700k purchase), they told them to get lost and they can either rescind their contract and they will go to the 40 other people who inspected the property that day or they can proceed... They proceeded without change.

 

Did they request these through a solicitor? These are such stupid little things! Check with your solicitor but I don't think they could hold up settlement for such trivialities or issues that would have existed at the time of inspection.

 

Thanks for your replies. Yes they were delivered via their solicitor stating safety issues.

 

What are conditions they are operating under?

In Victoria it is common to have a pest and building clause regarding 'major defects' or major structural,issues. What clause has been used here?

At the very most, I would give $500 reduction. Or just say no.

 

That grass in a drain you got to be careful you never know what could be hiding in there and I hear it will attack without warning and mainly when the house is asleep

Like I said your call as I don’t have all the information like you about market conditions and interest plus your situation but they are bluffing imho.

 

The really sad part is that the purchaser would likely have destroyed any goodwill in the transaction for pretty much $500 on a $x00,000 purchase.

 

A carpenter cant do any of the highlighted jobs. The request is flawed as a result. Replce a hinge - FFS. Thats a 3 min job . Next - Get a licensed sparkie to mow the lawns too. LOL

These are simple condition items and trivial. If the contract didnt have a minor defects to be fixed agreement they cant come back and ask afterwards. It would never end. Your solicitor should just say that and decline the request. What did the solicitor advise ?? Its their job to advise you on a decision.

 

All property can be unsafe. Now they know there is a issue the owner can make it safe. No warranty about safety is given I would assume. Sold as-is.

 

How did you go with this @beachgurl ? Curious to know

 

Always wondered if I needed a sparky to change a spark plug

 

I would reduce a couple hundred and see what they say. Not worth tanking a deal over your offended feelings at the request. Its business leave feelings out of it.

 

No offended feelings here - I've just never gone to that level to squeeze a but more out.

I ended up agreeing to the conditions and it looks like it will cost me under $400. My solicitor gave no real advice - said it was up to me. I just wanted it done. Then they wanted to extend the finance clause as banks are slow right now. Another piece of BS that i called the purchaser out on so they realised they were pushing it too far in the end and went unconditional.

 

Sorted everything out for $400?
Count that as a win!
Marg

 

In QLD the B&P is at the Buyer's absolute discretion. They can pretty much always walk. They can also ask for pretty much anything in return for waiving their rights under that clause. Doesn't mean the seller has to yes, or that there is any legal or reasonable basis for the works they request. The negotiation over waiving a B&P does not have to be reasonable, it is purely up to the parties to agree.

 

Absolutely.

Special Condition Would Read Like
Building and Pest Condtion
1. The Standard Building and Pest Condition (?.?) is Deleted.
2. The Buyer may Terminate this Contract within 7 days of the Contract Date should a licensed building and/or pest inspector find:
(a) Structural Damage;
(b) Active Termites within the Building;
(c) Current water leakage inside the roof or walls.