Tricks & Traps Of Building & Pest Inspections

Posted on May 2, 2007 by | 0 Comments

Tim O'Dwyer M.B., LL.Bby Tim O’Dwyer M.A., LL.B Queensland Solicitor & Consumer Advocate watchdog@argonautlegal.com.au

Buyers and sellers alike are still being conned on building and pest inspection clauses in sales contracts. Meanwhile, the regulators do not seem to care about protecting consumers in this regard – especially when safety clauses are left out of contracts, or when dodgy ones are added.

Beware of building and pest inspection clauses limited to the house only – which means you accept the state of fences, retaining walls, garages, carports, swimming-pools etc. Particularly watch out for bogus building clauses cunningly restricted to “serious structural defects”. These clauses are worthless, and deceptively designed to bind you to a contract no matter how unsatisfactory your reports turn out. Why? Because building inspectors are not qualified or expected (under Australian Standard 4349.1 – 1995) to report on “structural defects” … serious or otherwise. Structural engineers, not building inspectors, determine issues of structure.


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