What to do if timber pest or structural building problems are discovered.
If your timber pest and/or structural building inspection report identifies issues, your options will depend on the wording of the relevant special condition/s (if any) in the contract. This may include the rights to either:
- Request that the seller remedy or rectify the issue
- Negotiate an adjustment to the contract price
- Terminate the contract
Most special conditions/annexures regarding inspections only require the Seller to rectify Timber Pest Activity/Damage and/or Major Structural Defects in the residential dwelling.
If your contract incorporates the 2002 REIWA Annexure for Major Structural Defects:
- there are specific deadlines & requirements for a Buyer to exercise their rights
- there is some helpful information here
- you should refer to the definition & requirements of a “Notice” in Clause 21 of the General Conditions
- a template for the Notice is available here
- we can issue a Notice on your behalf – additional charges apply
If there is any ambiguity in the report/s or special condition/s, you may need to see a lawyer for a legal interpretation of your position. It is also advisable to liaise with your settlement agent. If issues are discovered and there is no special condition in your contract covering this situation, it is suggested that you seek legal advice.