All Topics / Help Needed! / Buying property from private sale

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  • Profile photo of obiwan22obiwan22
    Participant
    @obiwan22
    Join Date: 2007
    Post Count: 30
    Hi,

    I am intending to put in an offer for a unit that was passed in at the auction yesterday.  It was built 18 months ago.  I have a few questions and I hope to get some advise as this is the first time I am purchasing a property.

    1) Should I get a conveyencer/solicitor to take a look at the contract of sale before I make an offer?

    2) The contract of sale stated that the 3-day cooling off period does not apply if the property is purchased within 3 clear business days before of after a publicly advertised auction. Does this mean that if I put in an offer tomorrow and the vendor accepts it, I will not be able to terminate the contract?

    3) Should I add a 'subject to building inspection' clause and have a building inspection done even though the unit is near new condition?  If so, should the building inspection be completed before I sign any contracts?

    3) As the unit is near new, should it come with some form of building insurance from the builder?

    4) I noticed that the body corporate meeting minutes was not attached, should I request a copy from the agent?

    Thanks.

    cheers,
    Corinne

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    1 – Yes, get the solcitor to have a look at it
    2 – Yes the cooling off period does not apply until 3 business days after the auction – in which time the agent will still  be trying to secure a deal with any of the bidders at the auction or people who inspected & took a contract. So if you wait until the cooling off period comes into force again, you may miss out.
    3 – If there is no cooling off, subject to building inspection willl hold no water. Afterwards, a correctly subject to (as advised by your solicitor) will be valid.
    3 – There should be some form of home owners warranty 6 or 7 years (depending upon the state). If it is multi-storey, then an exemption from HOW may apply.
    4 – It is unusual for the minutes of the BC to be included in the contract however the solicitor should be able to review these at the Strata managers office.

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