Hey all,
quick question, putting an offer down on a place that has a sleep out at rear of property as an after build add on but was not approved by council. It is attached and not separate to the main existing dwelling,
Looks like dodgy workmanship but rest of house is fine- any one had issues or problems purchasing such properties with insurance, tenant concerns etc that I should be aware of?
Cheers
You could say to the agent/ vendor your offer is pending the removal of the non council approved dwelling (I am assuming you don't want it). If your offer is accepted make sure its written into the contract before you go unconditional, that it will be removed prior to the settlement day. Your solicitor / conveyancer would be the best person to discuss this with.
If It is a illegal structure and the previous owners don't declare it is illegally built without council approval on the contracts. Then in the future if council ever approached you and said that is illegal. You can sue the previous owners and there have been cases where the previous owners have to pay for the removal of the old lean to. New council approvals and Rebuilding the lean to. Im not sure what the lengths of time are but one of the cases was up to 5 years. If you want to spend the money chasing them, then you'll win either way. Or you could be reallllly un-nice to the vendor and call council up about the structure. That would put a cat amongst the pigeons for the vendor.
– insurance problems would be chased back to the vendor lying on the contract (their insurance wouldn't pay either because they didn't disclose)
– Tennant problems ie the tennant getting injured by the illegal structure would also be chased back to the vendor.
But in both cases you would want sufficient proof that the illegal structure was there when the last vendor sold Ie photos.
Otherwise if their is no evidence or photos showing it existed they could say you installed it.
"Or you could be reallllly un-nice to the vendor and call council up about the structure. That would put a cat amongst the pigeons for the vendor. "
Then low ball offer them (only if your mean)
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