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Discussion in 'Legal Issues' started by johntsk, 17th Dec, 2019.

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  1. johntsk

    johntsk Member

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    I have already asked my solicitor but he's in court next couple of days so may not respond in time so thought I'd post it here.

    I am settling on a property Thursday and have final inspection tomorrow.

    After the contract became unconditional we found out that the owner had built extended deck (which they inherited from previous owner 5 years back) which was not compliant with BCA.

    Seller advised that the deck is being brough upto BCA but have not agreed to provide a confirmation once its done. I have inspected deck and although it may not tick BCA boxes it has been there for over 5 years and sounds steady structurally.

    I am not sure what my options are -
    a) should I rescind the contract as I believe this is an option given the vendors responded "no" to the question "does it have any illegal structure" instead of responding "not known"
    b) ask for compensation without a buildes quote - lump sum $5k and but that means I will have to pay additional $1k fees to my conveyancer / solicitor

    Would love to hear other people who have been through similar proceses. Now the other side solicitor doesnt even respond to emails so unsure what to do. This was meant to be a happy time however the whole thing has left a bitter taste for us. thanks in advance :)
     
  2. Terry_w

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

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    b) ask for compensation without a buildes quote - lump sum $5k and but that means I will have to pay additional $1k fees to my conveyancer / solicitor

    =why do you have to pay an extra $1,000?

    btw, Conveyancing lawyers generally don't go to court!
     
  3. johntsk

    johntsk Member

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    My conveyancing is being handled by a solicitor. We haven't talked necessarily going to court but $1k is the cost for the solicitor to prepare a letter of claim + cost because of delay in settlement. Hope that makes sense.
     
  4. Sackie

    Sackie Well-known cafe bum of the East Premium Member

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    .........what kind of converyencer is unavailable for the very services you engage them for, at your time in need when you precisley need them to have your back.....

    anyway, if you feel you got a good deal on the house, i woudnt let this deck issue stop you from going ahead.
     
  5. Terry_w

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

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    if you have to sue them to get the $5k discount that is a different matter to what I imagined above.

    I think your solicitor might be using the old 'i am in court' routine to avoid you calls - that is what I was implying above.
     
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  6. johntsk

    johntsk Member

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    My solicitor didn't use the word 'sue' - she just said that under the contract, I reserve the right to remedy under the contract and she said that we can claim compensation before the settlement but as soon as settlement happens, I have to live with the property as is
     
  7. thatbum

    thatbum Well-Known Member

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    How do you even know you are entitled to do either of those things?

    I wouldn't have necessarily thought you would be. I think you're assuming its a breach of contract already. I'm not sure it is. I'd tread carefully.
     
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  8. johntsk

    johntsk Member

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    Thanks - it gives me a bit more information - I wan't sure how long would it take but essentially its just the deck and extended roofing compliance which I don't believe could be more than a couple of thousand dollars but when the vendor's conveyancer does not respond, it gets very frustrating.
     
  9. johntsk

    johntsk Member

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    Based on what my solicitor said.

    I am not saying it's breach of contract and at this stage, no plan to rescind the contract unless I find major issues during final inspection tomorrow.
     
  10. KateAshmor

    KateAshmor Victorian Conveyancing Lawyer Business Member

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    Remember that illegal building work will void any insurance policy. You may not be covered for the deck, including public liability insurance, unless it is officially signed off by the Council.
     
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