In the case of a new home, the buyer may be less inclined to consider this type of service but should still inquire about the applicable warranties related to its purchase before making its decision. In the case of a house built for a few years now, the buyer, although legally not obliged to have the building inspected by a building professional, should do so to avoid unpleasant surprises.
Indeed, after purchase, the buyer has no valid appeal against apparent problems that he or an expert could have noted. The pre-purchase inspector, with his professional eye, will be able to identify these apparent problems and guide the buyer in the analysis of the importance of the problem noted and its consequences. The buyer who provided for this inspection as a condition essential to the conclusion of the contract of sale may even, according to the wording of the clause, refuse to finalize the transaction. In such a case, it is expected that the seller will want to read and read the inspection report. Unless there is a specific clause, there is no obligation for the buyer to submit a copy of this report. However, it must justify the refusal to conclude the transaction.
In short, the pre-purchase house inspection is an important check that aims to protect the investment contemplated by the buyer.
The pre-purchase inspector concludes a service contract with the buyer, which service contract is governed by the Civil Code of Australian Act.
Both the buyer and the inspector must be attentive to the scope of the contract.
Ideally, the terms of the agreement, including limitations, should be communicated or discussed before the inspector is on the premises of the house to be inspected. We must avoid placing the buyer in a situation where he has no choice but to go ahead with the mandate.
SO, some precautionary tips are needed:
Define the scope of the pre-inspection mandate before the buyer agrees; the pre-purchase inspector could even have the buyer sign a document certifying that the buyer understands the scope of the mandate and its exclusions;
The purchaser should obtain the Pre-Purchase Inspector’s written report before the counter-offer period has expired to read it and ask the pre-purchase inspector questions;
The buyer should dwell on how the report by the pre-purchase inspector is written, including details and precisions, and pay particular attention to the terms used as well as verb tenses.