Comments on: Predicting Body Corporate Sinking Fund levies and Sinking Fund Forecasts http://www.lawexperts.com.au/conveyancing/predicting-body-corporate-sinking-fund-levies-and-sinking-fund-forecasts/ Expert lawyers from Corney & Lind Lawyers blog about real legal questions Fri, 27 Jan 2012 06:57:14 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Andrew Lind http://www.lawexperts.com.au/conveyancing/predicting-body-corporate-sinking-fund-levies-and-sinking-fund-forecasts/comment-page-1/#comment-1795 Andrew Lind Mon, 15 Feb 2010 00:26:58 +0000 http://www.lawexperts.com.au/?p=347#comment-1795 In Queensland, the standard REIQ land purchase contracts contemplate that you will find this out during the “building inspection period” while the contract is still subject to a satisfactory building inspection. In practice however, if the contract only gives you a short time for your physical building inspection, the chances of having search results back from Council in this window of time are very slim. Additionally there is the problem of whether the search results form part of the building inspection report. (For future reference it is best to get our <a href="http://www.corneyandlind.com.au/services/conveyancing" rel="nofollow">Brisbane and Gold Coast Conveyancing Lawyers</a> to look at the contract before you sign it.) Again in Queensland, under the standard REIQ Contract it is likely that you have no right to insist that the seller have the final building and plumbing inspections completed before settlement or to terminate the contract on this basis. There are limited exceptions to this (for example representations were made to you about this before you signed the contract or allowed the contract to go unconditional as to building and pest; and if there is an outstanding notice issued by Council that pre-dated the contract). Really this is one that that careful legal advice needs to be taken on before you act. If we can assist please let me know. Contact: <a href="http://www.corneyandlind.com.au/services/conveyancing" rel="nofollow">Brisbane & Gold Coast Conveyancing Lawyers</a> More information: <a href="http://www.corneyandlind.com.au" rel="nofollow">www.corneyandlind.com.au</a> In Queensland, the standard REIQ land purchase contracts contemplate that you will find this out during the “building inspection period” while the contract is still subject to a satisfactory building inspection. In practice however, if the contract only gives you a short time for your physical building inspection, the chances of having search results back from Council in this window of time are very slim. Additionally there is the problem of whether the search results form part of the building inspection report. (For future reference it is best to get our Brisbane and Gold Coast Conveyancing Lawyers to look at the contract before you sign it.)

Again in Queensland, under the standard REIQ Contract it is likely that you have no right to insist that the seller have the final building and plumbing inspections completed before settlement or to terminate the contract on this basis. There are limited exceptions to this (for example representations were made to you about this before you signed the contract or allowed the contract to go unconditional as to building and pest; and if there is an outstanding notice issued by Council that pre-dated the contract).

Really this is one that that careful legal advice needs to be taken on before you act. If we can assist please let me know.

Contact: Brisbane & Gold Coast Conveyancing Lawyers

More information: http://www.corneyandlind.com.au

]]> By: Kelly http://www.lawexperts.com.au/conveyancing/predicting-body-corporate-sinking-fund-levies-and-sinking-fund-forecasts/comment-page-1/#comment-1793 Kelly Fri, 12 Feb 2010 11:22:55 +0000 http://www.lawexperts.com.au/?p=347#comment-1793 We have signed a contract of sale on a property and it has now gone unconditional - however a council search has found that the final plumbing and building inspection was never completed. Whose legal responsibility is it to have this final inspection completed before settlement? Should this not be the current owners responsibility? Can this void our contract if a final inspection is not completed by settlement? Thank you. We have signed a contract of sale on a property and it has now gone unconditional – however a council search has found that the final plumbing and building inspection was never completed.

Whose legal responsibility is it to have this final inspection completed before settlement? Should this not be the current owners responsibility? Can this void our contract if a final inspection is not completed by settlement?

Thank you.

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