Subject to building inspection

Discussion in 'The Buying & Selling Process' started by Stegve, 19th Nov, 2020.

Join Australia's most dynamic and respected property investment community
  1. Stegve

    Stegve Well-Known Member

    Joined:
    8th Jun, 2017
    Posts:
    51
    Location:
    SA
    Hi again,

    Senario

    Offer made on property with a subject to building inspection clause.

    If unforeseen problems arise from the inspection, do I have a legal right to negotiate price down?
    And, can I pull out of offer and receive deposit back if the vendor won't negotiate a further fair price reduction?

    Many thanks,
    Steve
     
  2. FrivolousPanda

    FrivolousPanda Well-Known Member

    Joined:
    21st Sep, 2016
    Posts:
    256
    Location:
    Sydney
    Depends on the exact wording of your building inspection clause
     
    wylie likes this.
  3. Stegve

    Stegve Well-Known Member

    Joined:
    8th Jun, 2017
    Posts:
    51
    Location:
    SA
    Thanks FrivolousPanda,

    How should I word the condition?
     
  4. FrivolousPanda

    FrivolousPanda Well-Known Member

    Joined:
    21st Sep, 2016
    Posts:
    256
    Location:
    Sydney
    I'd ask your conveyancer for that advice. I wouldn't use the standard clause the sales agent provides as unsurprisingly it tends favour the seller and often requires structural defects. Non-structural defects could still cost quite a bit to rectify.

    I have previously seen example clauses for WA where they tend to use "Settlement agents" who get involved after the contracts have been signed. Unfortunately I don't have a copy of it readily available. Maybe use the search function here or it could be in the old Somersoft forum
     
  5. jared7825

    jared7825 Well-Known Member

    Joined:
    10th Apr, 2020
    Posts:
    190
    Location:
    Qld
    That’s what your solicitor is for