Final Inspections... Do You Know Your Rights?

Posted: 8 December 2017

 If you are buying a home one of the things you should know is that you are entitled as of right to reinspect the home on one occasion prior to possession.

The purpose of this inspection is to ensure that you are still getting exactly what you contracted to buy and that there have been no material changes to the property.

In particular, you should check that all the chattels being sold to you with the property are still there. Over the years the writer has seen examples of items such as curtains and light fittings being changed for cheaper ones. If you contracted to buy it, you can reasonably expect it to be there at settlement!

You should also check the appliances at the time of your final inspection. However in this regard you need to be aware of the general terms of sale (the fine print) which states that the chattels are "… Delivered to the purchaser in reasonable working order, but in all other respects in their state of repair as at the date of this agreement (fair wear and tear excepted)…"

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So what can we read into that? If for example at the date of the agreement the dishwasher (being a chattel going with the property) was not in working order then you would have no right to insist on this being repaired. The thing to be taken from this is that you should check the chattels at the time you enter into the contract to ensure whether they are in good working order or not.

So the purpose of the final inspection is to check that there are no material changes to the chattels or the condition of the property. If new damage is discovered this is your one and only chance to have your lawyer either (A) ask for the damage to be made good or (B) ask for the retention of money pending such repair or (C) ask for a reduction in price to allow you to attend to the repairs yourself.

You should note that the pre-purchase inspection cannot be completed on the day of settlement and also, that if the agreement is reached for the vendor to carry out any works you are entitled to re-enter the property prior to possession on one further occasion to ensure compliance by the vendors with any such agreement.

Whatever you do ensure that you seek legal advice from an experienced conveyancer at the time of your purchase. At Kannangara Thomson we have many experienced conveyancing practitioners available to assist you with your purchase.

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