Vendors suggest pre-settlement inspection on settlement day

[huntersmoon]

My settlement date is this Friday 12 September and I've emailed the Agent to request a pre-settlement inspection on Thursday morning (the only time I can make this week).

I've sent a coupe of emails and had not had any response from the Agent so had to call him up just now, and was told that the Vendors dont find Thursday suitable, and suggests me to have it on the settlement date!

As I understand, if I find any issue with the property or chattels then I'm only entitled to require the damage to be fixed, or compensation for the damage, at least the day before settlement.

However the Agent insists that I can have the inspection on the settlement date and that's not a problem.

I asked the Agent to send me an email confirming that the Vendor refuses my inspection on Thursday but he said he will not do it!!!

Has anyone experienced anything similar? Any advice is really appreciated!

[ScottSI]

Not trying to be rude but wouldn't it be best to ask your lawyer?

Section 3.2 (1) of the standard S & P allows you to enter prior to settlement for the purpose of checking the property if you follow the exact contract so I think your lawyer needs to email their lawyer to confirm Thursday times, remove the agent out of the situation.

Agents are not lawyers, most talk crap about the law (from the most basic comment that you must pay a 10% deposit by law) and have very little understanding of the contracts they use. The agent also only cares about getting a sale, once that is place they don't do jack for you as they have been paid. High chance it actually does suit the agent. This why I have to pick up the keys from their offices as they are all to busy to drop the off (most anyway).

[BigDreamer]

The buyer dictates the day they want to have the pre-settlement inspection. In this case, if you would like Thursday then it should be on that date. Of course, since the property is tenanted, you need to ensure the vendor/agent has given the tenants at least 48 hours notice. Doesn't matter whether or not they agree by law if they are given notice by the owner (vendor) for 48 hours then the owner could enter the property.

Note that you are only entitled one pre-settlement inspection. Therefore, if you do it on a Thursday then you are not allowed to do another inspection on settlement date (Friday).

Good luck.

[morrison74]

if the property is not in order you are in the drivers seat! you can dictate having things done or rectified otherwise there would be no or a late settlement and they (vendor) maybe in breach of contact.

[woo9]

The buyer dictates the day they want to have the pre-settlement inspection. In this case, if you would like Thursday then it should be on that date. Of course, since the property is tenanted, you need to ensure the vendor/agent has given the tenants at least 48 hours notice. Doesn't matter whether or not they agree by law if they are given notice by the owner (vendor) for 48 hours then the owner could enter the property.

Note that you are only entitled one pre-settlement inspection. Therefore, if you do it on a Thursday then you are not allowed to do another inspection on settlement date (Friday).

Good luck.

could you suggest when pre-purchase inspection should be done during the buying process? Im interested in a house but not sure about its condition. Shall I give a written offer first then arranging a inspection if my offer is accepted or shall I get a inspection first so i know if i would give a offer or walk away. I am worrying if i give a offer and it is accepted then i won't have a chance to say NO to the sale.

[BigDreamer]

could you suggest when pre-purchase inspection should be done during the buying process? Im interested in a house but not sure about its condition. Shall I give a written offer first then arranging a inspection if my offer is accepted or shall I get a inspection first so i know if i would give a offer or walk away. I am worrying if i give a offer and it is accepted then i won't have a chance to say NO to the sale.

Pre-purchase inspection is best done (but not mandatory) before you place a written offer on a house.
Pre-settlement inspection is usually done either the day before or on the day of settlement (after you have placed a written offer and it becomes accepted and all conditions are met).

Given the above, you should go inspect the house before you place the offer. However, if you want to place the offer first, you could add a condition along the lines of wanting a building (or any other type of inspection) report done before declaring the contract unconditional.