Hi there,
I’ve been doing a bit of due diligence on a property that I have been interested, and everything looks quite good. Structurally it seems solid as a brick %#$@house. [cap] It just needs a little work cosmetically.
Anyway, while I was doing the inspection the vendor happened to come by to check up on the place (pure coincidence it seems…he was from out of town).
He noted that he’d built up things like enclosed the entrance/doorway for a bit of privacy and done some work in the bathrooms. My only concern here is that some of this work is illegal and council DA approvals haven’t been sought. The work doesn’t seem to be major, but thats not the point. I dont want to have to pay a builder to demolish anything….plus it looks quite ok the way it is…
Whats the best way forward ? Can I put some sort of ‘subject to’ clause in the offer ?
thanks for the help,
Andrew.Whilst I was looking it seems that
Assuming the property is in NSW you could:
a. make the contract subject to issue by Council of a building certificate
b. there is also the possibility that even without that the combined effect of S 52A(2)(b) Conveyancing Act and Clause 19 Conveyancing (Sale of Land) Regulation 2000 could in effect give you a right to rescind a contract if a building certificate could not be obtained. Get legal advice on this if this is the way you decide to go.
From my perspective if a. is agreed to in the contract everyone knows where they standHi Crj,
thanks for your comments. I guess I am just a little wary about having too many ‘subject tos’ At this stage it would be subject to finance, pest & building inspections, and council building certificates.
I suppose I just dont want too many subject to’s that may make my offer less attractive and reduce my negotiating position.
Andrew.
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