A Building Inspector's Two Bit's Worth
by Tim O’Dwyer M.A., LL.BQueensland Solicitor & Consumer Advocate
watchdog@argonautlegal.com.au
Peter Weddel is a fiercely independent licensed building inspector who goes through houses like a dose of salts, takes no nonsense from agents and can’t stand a bar of incompetent conveyancing solicitors (or their clerical staff.)
This is part of what he tells his Queensland home-buyer customers:
2 Comments:
Although Trent Griffith’s final question has been referred onto Peter Mericka for a Victoria-oriented response, I feel it is still worthwhile setting out the Queensland position:
In addition to optional “satisfactory” building and pest inspection conditions, the standard contracts used here for residential sales (other than those off-the-plan) contain a clause providing that, after reasonable notice to the sellers, the buyers and their consultants may access a property to inspect it before settlement.
All off-the-plan contracts are specifically drawn up by sellers’ solicitors and invariably have no “satisfactory” building inspection condition, nor any pre-settlement inspection condition as above. However, some contracts do permit the buyer (only) to make a pre-settlement inspection to “identify or confirm identity of the lot, car space and storage area at a reasonable time notified by the seller to the buyer accompanied by a representative of the seller.” Some contracts also provide that, while the seller agrees to construct the building in a “proper and workmanlike manner”, the buyer may after settlement (but not earlier) give the seller a “written list of faults and defects due to faulty materials or workmanship”. However, the seller’s architect will usually be the sole judge of what the seller should rectify. Some contracts also provide for the seller to rectify only those defects which the architect “certifies to be of a material nature”.
In my experience most off-the-plan buyers recklessly sign contracts without the benefit of legal advice but, in any case, sellers and their solicitors usually not only refuse to entertain variations to the above clauses, but also will not agree to additional clauses for buyers’ pre-settlement building inspections.
I read with interest your article on Peter Weddel regarding building inspections. My wife and I are just about to settle on an appartment and have had a pretty horid experience with the builder regarding inspection. Basically as construction commenced we lined up our own independent inspector to check the building through the duration of its construction. This was met with much agression and anomosity by the builder who basically ended up saying under no circumstances would he alow an inspector on the premises. This didn’t leave us with a great deal of faith in this builder, after all what did he have to hide? However, unfortunately it seemed he had us over a barrel as we had bought the appartment ‘off the plan’ and ownership wuld reside with the builder until settlement and therefore he had right of refusal to anyone having access to the site. So we had to put our faith in the council appointed inspector to do the job correctly.
Fast forward 8 months and the building has just about been finished. We again thought it would be a good idea to get an inspector prior to settlement and again was met with a very upset builder who actually said that ‘sure get a inspection done if it will make you feel all warm and fuzzy, but I’ll just chuck it in the bin and force the settlement anyhow’. Obviously we are very upset at such a response and don’t know where to go next. Could you suggest any avenues we have available, or someone we could approach for advice?
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