Final Inspection 2 weeks before settlement

Discussion in 'The Buying & Selling Process' started by mojorising, 13th Oct, 2018.

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  1. mojorising

    mojorising Well-Known Member

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    I have got buyers asking to do their final inspection 2 weeks before settlement.

    This seems to be due to genuine non-availability in the week before settlement.

    Just wondering what the downside of agreeing to this might be.

    I don't want to get into a situation where they draw up a shopping list of things they want fixed and repeat 'final' inspections over the next 2 weeks.

    The contract will be unconditional by that time so even if there are 2 weeks in between FI and settlement what sorts of things can be raised and require attention.

    The building and pest report was all good and was done prior to signing so there is no building and pest clause. Only finance.
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Does that mean you can strip the place after they inspect and there's no recourse once settled?
     
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  3. Terry_w

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

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    What does your contract say? Prob only allows right of inspection 2 days before settlement.
     
  4. Marg4000

    Marg4000 Well-Known Member

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    I doubt an inspection 2 weeks before settlement would qualify as a final inspection.
    I would refuse.
    Marg
     
  5. kierank

    kierank Well-Known Member

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    Where is the property?

    In QLD, from memory, standard REIQ Contracts state that the buyer only has the right to ONE pre-settlement Inspection. I don’t remember if there was a timeframe for the PI.

    Check your Contract.
     
  6. 738

    738 Well-Known Member

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    Why would you refuse? If it’s their final inspection why does it matter when it’s carried out?
     
  7. Marg4000

    Marg4000 Well-Known Member

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    Two weeks before settlement my house would be a total mess, in the throes of sorting and packing. That process can’t start until contract unconditional. Cleaning would wait till place empty.

    The most likely outcome of any inspection at that time would be “we can’t tell if everything ok, will have to come back later.” Total waste of time.

    Or they draw up a long list of things they can’t inspect at that stage, and demand the right to come back to check they are done.

    Unless, of course, contract clause allows it. Check with your solicitor.
    Marg
     
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  8. Joynz

    Joynz Well-Known Member

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    Why not get them to organise someone else to do the inspection in their place. Could be a family member, friend, solicitor etc...
     
  9. kierank

    kierank Well-Known Member

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    On one of our purchases, we arranged for a PI at 11am on the day before settlement. When we got there, it was an absolute mess.

    I immediately phoned my solicitor, I said I need to arrange another PI. She said you are only allowed one. I wasn’t aware of this.

    She immediately emailed the vendor’s solicitor to advised that the PI couldn’t be conducted due to the state of the property.

    The PI was re-scheduled to 11am on settlement day, it was fine (the vendor must have worked through the night) and we settled at 2pm as planned.
     
    Marg4000 likes this.
  10. 738

    738 Well-Known Member

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    In probably close to 80-90% of final inspections I have conducted the house has not been completely empty.