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Previous owner liability

Discussion in 'Legal Issues' started by sydprop, 21st Aug, 2016.

  1. sydprop

    sydprop Active Member

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    Friend has a strata unit. Was renovated by previous owner not strata. Unsure if some of the electrical work was done correctly.

    Is there some reasonable claim that can be made on the previous owner ? or is it buyer beware like a house?

    No doubt the strata would have a requirement on the renovation but does that pass to the new owner or persist with the old one?
     
  2. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Buyer beware.

    What sort of claim do you want to try?
     
  3. Peter_Tersteeg

    Peter_Tersteeg Finance broker and strategist Business Member

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    Devil's Advocate: Did your friend get a building inspection?
    * Yes: Then they should have known about the potential problem before purchasing.
    * No: Then they should have gotten a building inspection before purchasing.
     
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  4. Daniel Taborsky

    Daniel Taborsky Well-Known Member Premium Member

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    Electrical wiring can be common property depending on the strata plan and where the wiring is located. If it's not common property (i.e. part of your friend's lot) - buyer beware. If it is common property, repair and maintenance is generally the responsibility of the owners' corporation.

    However, if there was a renovation then I think in NSW (I assume that is where the unit is located) you need to have a by-law to be able to proceed with the renovation. You should review that by-law to see who is responsible for repairs and maintenance. It's probably the lot owner in which case buyer beware.
     
  5. sydprop

    sydprop Active Member

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    Thanks all - I thought it was pretty clearly buyer beware. Building inspection wouldn't have caught this one though.
     
  6. Azazel

    Azazel Well-Known Member

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    Some building reports say something like "kitchen taps function correctly *we recommend contacting a licenced plumber..."
    Can be same for an electrician.
     
  7. Coastal

    Coastal Well-Known Member

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    Is there not a 7 year warranty period for renovations that the builder or owner is liable for?
     
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  8. Perthguy

    Perthguy Well-Known Member

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    Correctly or legally? If the work was done incorrectly by an electrician, the electrician could be responsible. If the work was done illegally by the previous owner, they could be in trouble if reported.

    If the previous owner did illegal electrical work, there are potential penalties but I don't think that will help the current owner. If the work was done by an electrician, the electrician could have some responsibility to correct the problems.