We bought a house - yay!
The building and pest clause we thought was satisfied (proven by the seller with an invoice and a certificate of works given to our solicitor) showed us so.
Fast forward three weeks, we have an incredible amount of mould, water staining etc. I call out the same company who completed the works for the seller and they tell me that the ducted unit is not up to compliance and quote for a new unit. Totalling $17k.
I’ve brought up the fact they wrote on the certificate of works that the unit was compliant and we would have never satisfied the building and pest if they had advised accordingly. Do we have a leg to stand on here?
10 Replies
You need to get your conveyancer onto it, that’s what you pay them for
They have said it’s now outside of their scope of works and provided us with another law firms details
yup, their work is done once the sale goes through.
You'll need a solicitor, unfortunately. And once completed & bills paid, your conveyancer & seller won't care.
Most sellers will take you for a ride. My friend was clear that they'd cancel any open houses during rain so buyers couldn't see the roof leaks in the patio roof & lied about the gas hot water system being on the way out.
I'd also get a full inspection done of the property. Use an inspector not related to the real estate agent, either.
you always get your own independent inspector, it's a small cost, but saves you so much down the track. the time to negotiate repairs with seller is pre-sale, pretty sure by buying the house, you have contractually accepted the current condition. i even go around the house with the inspector, observe and have a thorough chat to him after. are you saying that the seller organised the inspection and just provided you with a "certificate"? i don't understand. did you at least receive a report with photos/detailed information? no offence, but how could anyone be so gullible?
😂
No we weren’t gullible.
Our own inspector picked up issues with the ducted, seller agreed to fix, which in his own right, he paid the invoice and was provided with a certificate stating what was completed and the words ‘up to code and compliant’ once we moved in, we realised that wasn’t the case, got the same company out and they told us the ducted wasn’t up to code and wasn’t compliant (three weeks on from their original comment). If they had told both us and the seller that there were issues in the first place, either the seller could have rectified or we would have negotiated a reduction and now not be out of pocket $17k
maybe edit your post and explain more thoroughly.
My friend had a similar situation. The inspection said everything was ok but it wasn't. Contact your lawyer. She got most of her house rebuilt at no cost. Definitely came out on top.
Thank you, did she fix the issue first and then go after the cost or wait it out and have the company fix?
Lawyer first. Everything through that