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ARTICLE · 30 JANUARY 2015

Builders and developers: beware when selling

A building company (regardless of the contract between developer and buyer) is still bound by statutory warranties.

AustraliaReal Estate and Construction

I have dealt with numerous builders and developers over the years who have had their building company renovate a residential property for their development company. The development company has then entered into a contract for sale of the renovated property with a buyer. The buyer later contacts the building company and the development company in relation to defects in the property and asks them to fix them.

The builder and developer (before they come to see me) initially refuse to go back to the property to fix anything and say to the buyer "the property was sold to you in the state that it was in. Under the contract of sale the rule "buyer beware" applies, that is, you as the buyer were required to make your own inquiries in relation to the property and the state of the building works. I also had a special condition put into the contract that you rely on your own inquiries in relation to the condition of the premises and the building works on it."

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