Hi, the property we are buying has a structural defect which is to be repaired by the seller's repairer. Offer and acceptance were already signed and it will be 14 days before settlement. The sale is subject to the seller repairing the carport defect ( which is open to the public, because there is no gate on the property.
Because some part of the defect to be repaired is in the ceiling space or concealed by the carport ceiling, it will be impossible to know if the repair is done in this concealed area if we inspect the defect post-repair, after the repair is done.
Just to make sure repair is done in this concealed area, can we, the buyer, be present during the repair work? Only the repairer will be in the property during the repair and we are planning to attend during the repair. We were told that even if its only 14 days before settlement, we , as buyers, cannot be in the property's carport (open to the public) to attend this repair , because 'technically we are not supposed to be there; not legally allowed; trespassing?
But the carport where the repair will be done is open without a gate and without enclosure ( the whole property's outside is open to the public) and we are only attending just to make sure that the needed repair are carried out even in the defect areas which are concealed by the carport ceiling ( the area within the carport ceiling and carport roof.
Can anybody tell us whether we can be in the property or not. The settlement /sale is now a sure thing to happen, so in 2 weeks time, the property will be ours, but we want to make sure is that the repair is completely done even in the concealed areas of the defect. After repair, it would be impossible for us to know whether the concealed defects were repaired ( even a building inspector/structural engineer will not be able to know). Please help with your knowledge on this matter.
Hi propertybee,
Contact your solicitor to ask the vendor's solicitor for permission. Or, if you personally know the seller's, ask for permission.
You are able to be in the property as long as the seller has given their nod. I'm not sure what you'll do if they refuse. I supposed because there is no gate and the carport is exposed to the public, you can watch the repair progress from the footpath. This way at least you know they didn't just patch it up.
Hope this helps.
Angel
Whilst not the correct way, could you have a chat with the agent who sold the property? He/she could then convey this to the vendor. From my experience, you can often get away without involving the legal eagles with minor requests like this. Please don’t take this advice – just merely a suggestion.
Cheers
Jamie
Jamie Moore | Pass Go Home Loans Pty Ltd
http://www.passgo.com.au
Email Me | Phone MeMortgage Broker assisting clients Australia wide Email: [email protected]
I would at least obtain permission in writing, from whatever source (solicitor, vendor, agent). Just getting 'the nod' might open a can of worms for your sale should the vendor get nasty about you picking up further defects etc in the repaired area.
pinkboy
Is the work being carried out by a builder? If so, ask to see a copy of the receipt.
Jamie Moore | Pass Go Home Loans Pty Ltd
http://www.passgo.com.au
Email Me | Phone MeMortgage Broker assisting clients Australia wide Email: [email protected]
Permission in writing would also be my recommendation.
A signed e-mail also should qualify.
Trespassing is an interesting thing. To my memory if they (seller) ask you to leave you can consider that written permission moot.
Under the standard contracts, in NSW anyway, you are only given a right of inspection once in the 3 days before settlement (going from memory here). Any additional inspections would be up to the vendor.
If I was a vendor and you had not negaotiated this prior then I would not let you in, as there would be nothing to gain from it, and the possiblity that you may find something else to complain about.
Going in uninvited would be tresspassing and this would be the case even if the area is not fenced (and this doesn't mean it is open to the pubic). Tresspassing is a criminal offence and you also could be sued too. There are also insurance risks, if you a tresspassing and the repair person falls through the roof on top of you and you break your arm, eg, you may not be covered by any insurance.
But, having said all this, why not just ask the vendor for permission to go in. If not just do the final inspection and check it out then.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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