Are you buying a property? here is why you need to undertake a pre-purchase inspection properly!

Are you purchasing property? Here are a few tips to help you ensure you are protected!

There is a General Condition in the Contract of Sale that states that the Vendor must deliver the property to the Purchaser in the same condition it was in on the day of sale, except for fair wear and tear.

So how can you ensure that you conduct your pre contract inspection properly?

If the property has been damaged between the signing of the contract and the settlement date or if an item is not in working order as it was in on the day of sale, you will need evidence to support your claim in order to have the Vendor agree to rectify any issues.

You have the right to carry out an inspection of the property before you sign the Contract. When you are carrying out the inspection ensure that you:

• check that all appliances and goods are in working order;

• make any notes and take pictures of what you have checked;
• get the agent to confirm the appliances and goods are in working order
• ask the Vendor to put a warranty in the contract that the goods/appliances are in working order and will be in working order at settlement

  But what happens if the property is not in the same condition or an item is not in working order at settlement?

  If the property is not in the same condition as at the contract date, fair wear and tear excepted, or if goods sold with the property have been removed, you cannot delay settlement but you have a right to claim compensation from the Vendor. This is why having evidence to support your claim is important.

  For example, if on the day of sale, the air conditioning system was in working order but then when you attend your final inspection you find that the air conditioning system is no longer in working order, then the Vendor has an obligation to repair the air conditioning system.

  If you are considering purchasing residential or commercial property, contact us today!

• Keep in mind all contracts of sale are different. Having our firm read the contract and provide you with legal advice is crucial. You know you will be in safe hands with one of a few property law accredited specialists on your team!