I am negotiating to buy a property where the previous contract crashed. I was told by one agent that the contract crashed due to finance. Another agent told me the building report warned of cancer in “a few stumps” but they used the finance clause to get out. Why wouldnt they just use the building clause? Perhaps building was 7 days & finance was 14 days. What rights do I have to get the truth?
Positive Geared Share Investing
No rights to get the truth whatsoever.
The Vendor does however have the right to demand a copy of the Building & Pest Inspection report if they decided not to proceed on this basis and as this was obviously not forthcoming one can only assume that this was not the sole reason for the deal falling over.
Richard Taylor | Australia's leading private lender
Not sure about now, but ten years ago( in Qld), because we didn't put a clause in our contract specifying that we could have a copy of the building and pest inspection if it was not "up to scratch" and their solicitor refused to release the report, and our solicitor said we had no right to the report. She was annoyed with the whole set up as their solicitor (purchaser's brother) was a real tosser in all respects to do with the sale and was giving her all sorts of trouble.
Maybe the rules have changed about being entitled to a copy of the report, and maybe they differ in different states, but they used it to their advantage to get two thousand off the sale price and obviously it was okay or they would have been happy to show it to us. We planned to live in this house forever, and everything had been done to a very high standard so we knew there were no building issues (apart from maybe a stump or two) which is what the report picked up.
Best part was that the solicitor was acting for his sister and her husband, they loved our house and were trying to reduce the price by the $2K we had got them up from their original offer. One of the items from the building and pest inspection that we were allowed to see was that the cubby house was not up to building standards
. So our solicitor advised that as the cubby was not attached to the ground it was a chattel and we took it with us – left a big hole for them to look into the ugly back of the neighbour's garden shed .Final best part was that when a stumper did come in to do the two stumps, he found twelve that needed replacing
.I am not really a vindictive person, but these tossers caused us so much trouble and hassle during this time that I could not help but see the funny side of it all.
Except that we had two buyers lined up behind us to grab the house we had contracted to buy, I would have loved to have just said "sorry, I don't want to sell to you any more". That would have fixed them, because they LOVED our house, but that would have been counter productive to us.
Wylie
. So our solicitor advised that as the cubby was not attached to the ground it was a chattel and we took it with us – left a big hole for them to look into the ugly back of the neighbour's garden shed 
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