Paying to view a completed building inspection??

Discussion in 'The Buying & Selling Process' started by legallyblonde, 7th Jul, 2015.

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  1. wylie

    wylie Moderator Staff Member

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    Common sense would say the BI is particular to the house - but as I well know common sense doesn't always rule once the lawyers come into the fray.
     
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  2. Perp

    Perp Well-Known Member

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    You won't get argument from me on that point. I always get in trouble for asking "but why is it that way?", when the answer is often "because it is". o_O
     
  3. mush

    mush Well-Known Member

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    A building inspection report must remain impartial. A good building inspector will report on every single property objectively without taking anything else but the current condition of that building into account.
    The report remains as the intellectual property of the inspector to distribute as he wishes.
     
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  4. Pistonbroke

    Pistonbroke Well-Known Member

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    Licensing requirements for building reports was removed several yearsago in NSW. Any bozo who can get PI insurance can do them.

    Getting a building report done is not compulsory, I have never had one done.
     
  5. mush

    mush Well-Known Member

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    Leaving people to do their due diligence and sort the "bozo's" from the pro's,and I can guarantee you that a professional building inspector will be worth his weight in gold to those wise enough to deploy them.
     
  6. Azazel

    Azazel Well-Known Member

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    Really? How many house purchases have you not got a building inspection done?
     
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  7. wylie

    wylie Moderator Staff Member

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    So are you saying that in the case where I buy a report and buy the property, that the building inspector has some sort of contract with me as the buyer of his report (unlike the scenario Perp and others mention), and that I could hold him responsible if, for example, it had something obvious that he missed that cost a bomb to fix?
     
  8. wylie

    wylie Moderator Staff Member

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    We've also never had a building inspection done (have probably bought and/or sold over a dozen houses). Neither did my parents ever have one done, but early days when they purchased their first IP (back in 1975) it wasn't something they knew about, and possibly wasn't available in the form we have now.

    Every house (almost) we've ever bought has been a queenslander where we can see up under the house, look for white ant mud trails. We've had our pest chap come and look at a house for us when we've gone to an open house, but never paid for a BI (except when our son bought his first unit, and we didn't want to put him at any risk due to us).

    For our middle son's purchase we had our pest chap and a builder we know come and take a look in exchange for a bottle of Johnny Walker.

    I would be more careful if queenslanders were not so easy to inspect ourselves.
     
  9. Perp

    Perp Well-Known Member

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    Yes, exactly. The building inspector only owes you a duty of care - an obligation not to give negligent advice - if they have a relationship with you, and you create that relationship by paying them for their report.
     
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  10. mush

    mush Well-Known Member

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    I am not a legal expert Wylie,however I would expect you to be able to successfully prosecute the inspector/company who completed that report for negligence and have heard of cases where this has happened. As in any walk of life,if you pay for a commodity/service you have a right to expect it to be in working order/correctly executed.
    Much is often made of the amount of disclaimers within a building inspection report but they are not there to excuse negligence.
     
  11. wylie

    wylie Moderator Staff Member

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    But I'm wondering about the fact that even if he does the report (as mentioned earlier) and the owner doesn't get a copy unless they pay for it, but I as a potential purchaser pay my $240, does this mean I have a contract with the builder? The owner has allowed him in the house but not contracted for him to issue them a report. So I would be contracting with him, wouldn't I?

    I think if this was correct, this is a great idea. Cheaper reports than if everybody individually arranges for one and all butts covered?
     
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  12. Perp

    Perp Well-Known Member

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    Yes, there would be a contract between you, the purchaser, and the building inspector. The owner isn't a party to it.

    And yes, I think it is a great idea; it works as you suggest. :)
     
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  13. legallyblonde

    legallyblonde Well-Known Member

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    That is HILARIOUS!!

    The property can be found at http://www.homesales.com.au/buy/19-currajong-street/hs2269043.aspx

    Thanks for the great thoughtful discussion... I would never have considered the consequenses of who the report is prepared for (vendor vs purchaser)! Law student fail =/
     
  14. Perp

    Perp Well-Known Member

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    LOL - haven't done torts yet? I just finished torts late last year so it's relatively fresh in my mind. :)
     
  15. legallyblonde

    legallyblonde Well-Known Member

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    Haha torts was 2009 for me!!!
     
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  16. Perp

    Perp Well-Known Member

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    Fair enough. Hopefully when it's 6 years in my past it'll no longer be giving me twitches... :)
     
  17. wylie

    wylie Moderator Staff Member

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    Thanks legallyblonde. I've emailed the agent asking about this. Will report back if I hear back from him.
     
  18. wylie

    wylie Moderator Staff Member

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    Ok. I got a very quick response from the agent... "Thanks for your inquiry. I can't see why there should be any problem with the insurances etc associated with the building inspection. Please see contact details of the building inspector in question on the flyer attached."

    Next I had an email from the building inspector himself. I wrote to him -
    "This property listing was brought up on a property forum and is being discussed as to whether this is the way of the future, ie. one report is done, and anyone interested can purchase that report for less than if they engaged a building inspector to do the report from scratch.

    There were a few questions about what happens if something major is found to be wrong that was missed in the report, and whether the building inspector’s insurance would cover anybody who purchased one of these reports? Nobody seems to know and I thought I would ask the agent. Do you know the answer?"

    He replied - "Yes every report we do is insured with Professional Indemnity and Public Liability so if by the odd chance we miss something the house is insured to be fixed."
     
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  19. Perp

    Perp Well-Known Member

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    I agree with that, and apologise for confusion. I've just realised that I misread your post way back earlier in the thread. Yes, if you've paid for a copy of the report, the building inspector will put your name on it, and you'll have as much recourse as anybody else.

    I misunderstood your post and thought you were talking about people who got given a copy of the report by the vendor. They are in a totally different situation.

    Sorry for causing confusion with my misreading. x
     
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  20. wylie

    wylie Moderator Staff Member

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    All good Perp. I was getting confused too as I couldn't see why buying the pre-prepared one from the BI wouldn't be the same as engaging him separately. Anyway, seems to be cleared up now and I think this is a great idea and if others could get on board, it could save multiple building inspections and save dollars too for people trying to buy a house and not wanting to pay full price for a report and then not getting the house. That would add up quickly.
     
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