Hains Solicitors

Clauses - Inspections 


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Structural faults - registered builder

The Buyers can arrange for a registered builder to inspect the building, before 5.00pm on ___/___/___.   The Buyers can cancel this contract before 5.00pm on that date, if the Buyers have received a written report from the builder, which report describes a structural fault with the building, and the Buyers have given a copy of the report to the Sellers.

(NOTES: This clause is very strict on Buyers. It requires: (1) a report by a “registered builder”, and (2) the report to show a “structural fault”, and (3) a copy of the report to be provided to the Seller prior to cancellation.  If a Seller proposes to use this clause, it is critically important that the standard “inspection” clause on the REIQ contracts is deleted.)


Structural faults - engineer

The Buyers can arrange for an engineer to inspect the building, before 5.00pm on ___/___/___.   The Buyers can cancel this contract before 5.00pm on that date, if the Buyers have received a written report from the engineer, which report describes a structural fault, and the Buyers have given a copy of that report to the Sellers.

(NOTES: This clause is very strict on Buyers. It requires: (1) a written report to show a “structural fault”, and (2) a copy of the report to be provided prior to cancellation. If a Seller proposes to use this clause, it is critically important that the standard “inspection” clause on the REIQ contracts is deleted.)


Faults over a set value

The Buyers can arrange for a registered builder to inspect the building, before 5.00pm on ___/___/___.   The Buyers can cancel this contract before 5.00pm on that date, if the Buyers have received a written report from the registered builder showing substantial faults and which report estimates the costs of rectifying those faults at more than $_ _ _ _ _ _ _ _ _ _ _ _ , and the Buyers have given a copy of that report to the Sellers.

(NOTES: This clause requires a written report from a registered builder, showing substantial faults, and that written report needs to estimate the cost of rectification at more than the set figure, and the Buyers need to give a copy of that report to the Sellers … before the Buyers are able to cancel the contract.)


Found white ants, termites or borers

The Buyers can arrange for a registered pest inspector to inspect the building on the Property, before 5.00pm on ___/___/___.   The Buyers can cancel this contract before 5.00pm on that date, if the Buyer has received a written report from the pest inspector that the pest inspector has found live white ants XE "white ants"  termites XE "termites"  or borers in the Building, and a copy of the report has been given to the Sellers.

(NOTES: This clause requires: (1) a written report, and (2) current infestation of the Building (eg not fences), and (3) copy of the report to be provided to the Seller prior to cancellation.)


Damaged by pests

The Buyers can arrange for a registered pest inspector to inspect the building, before 5.00pm on ___/___/___.   The Buyers can cancel this contract before 5.00pm on that date, if the Buyer have received a written report from the pest inspector showing substantial damage caused by white ants XE "white ants" , termites XE "termites"  or borers, and a copy of the report is provided to the Seller.

(NOTES: This clause allows the Buyer to cancel if a written report shows "substantial" damage caused by white ants termites or borers.  This would include damage to fences.  This is not a particularly strong clause against Buyers. Sellers would normally prefer the previous stronger clause for pest inspections. However - the condition still requires a written report, has strict time limits, and requires a copy of the report to be given to the Sellers ¾ before the contract can be cancelled.)


Found pests

The Buyers can arrange for a registered pest inspector to inspect the building, before 5.00pm on ___/___/___.   The Buyers can cancel this contract before 5.00pm on that date, if the Buyers have received a written report from the pest inspector showing current infestation of the building XE "building"  by pests (for example: white ants XE "white ants" , fire ants, termites,  XE "termites"  borers, rats, pigeons, lice, or any other similar pests) and a copy of the report is provided to the Sellers.

(NOTES: This clause covers all types of pests. It still requires a written report, has strict time limits, and requires a copy of the report to be given to the Sellers ¾ before the contract can be cancelled.)


 

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