Issue with Property after purchase

Thanks for taking time to reply Paul. I knew I would get hammered on this.
Yes, did get solicitor, but she didn't say anything about that.
I am a new owner, but strata told me that year after year no owners gave attention to this matter, something like 10 years. no one came to meetings and asked about pest inspection or fire upgrade.

after damage was discovered, pest inspector came to my place with a stick and knocked around. I do wonder, if I had hired someone to building inspection prior to bidding, could they have found the termites in the other unit? would they even get access?

 

I agree with you. I think in a sellers market, no one would agree to this term.
even if a buyers market, chances are, seller would just say no, and wait it out for someone less troublesome.

At the very very least, maybe I could add that
"seller must disclose any issues that came up within the past 2 years"
so that way, if a previous potential buyer did a building inspection, found something, and decided to leave the deal, at least I would know about it?
then again...there is no way for me to validate this, doubt the seller would let me know this information if i didn;t ask, doubt the agent would let me know until i asked.

or maybe
"seller confirms termite inspection, building inspection has been done within the past 5 years"

 

Will you still let them know you found something? Just not show them details of report?

It seems you are very vigilant.
In your experience its generally hard for an inspector to get access? In my case, they would have need to look top down, that really hard, go on the roof, go down to the bottom unit. inspector would have to coordinate with agent, tenant, other unit's rental agent, other unit's tenant, other unit's owner. Curious about how realistic this is.

 

No seller would agree to disclosure either if they can help it. How do you prove they knew? And how do they prove they didn’t know? It’s lawyers and more money at an unknown point in the future.

get an inspection done, bargain hard, and take a chance.

 

No probably not. This issue does affect strata buildings. The termite issue isnt in the other unit but its in common strata property. Its one of the traps of strata purchases. The defect is either known and in strata records or its unknown and a grenade waiting to be dropped. Many assume that the strata levies will sustain known works but they often dont. Buyers then get smacked with special levies and ALL owners too. Strata inspection and review is also worthwhile but no assurance in instances like yours really. Its just aweful bad luck. A strata inspection may have concluded poor records and poor management and you might have been better warned.

May be worth having termite issue reinspected and if they missed it in your unit you could have a claim (maybe) against the original inspection if it was defective. A year later they will say the nest moved etc..... Detection is more than a stick. Moisture meter etc is normally what they use. Looks like a stick witha bulb on the end and its attached to a handheld unit and meter. It detects moisture ie a nest or inside wood.. Speak to solicitor and take the 2 inspection reports for them to review ?

 

That is such a twist.

 

Most contracts exclude all representations unless made in the contract. A owners defense is that they lack skills and knowledge. You must prove it wrong. And they will lie.

 

Fully insured. That means they are insured. NOT the customer. Sue them and they may lodge a claim and their insurance co will defend it aggressively. If its a event that is insured.
Insured...What type ? Car ? Public Liability maybe.
We guarantee....Its only as good as their word or Fair Trading.
Money Back Guarantee. I'm laughing. I will argue a long time before I give you any money.
Pensioner discounts. We will price this higher and then offer a discount.

 

Wait!!!

1 year after you buy the prop, you want to alter the contract (is that even possible), so that its in your benefit so you can sue the vendor???????