The previous owner did bad renovation

Sshanaz on 03/01/2017 - 17:12
Last edited 03/01/2017 - 19:57 by 1 other user

We bought our first home last year. It`s been 13 months since we moved into this place and we have identified the following issues so far.

1) The soil in subfloor area was identified to be wet during building inspection. Asked seller for compensation but he bluntly refused. We got a quote and it was 3k to fix it. We let it go and paid for repairs after moving in. As wet soil has now dried, large cracks have developed in soil going all the way into foundation (can't see cracks in bricks at this stage). I don`t want these cracks to damage foundation so what should I do to get rid of them?

2)External walls are rendered but they have developed cracks at various places due to shit job. The building seem to be also moving and two wall joints have big crack.It was recently renovated so no way for us to identify these issues during inspection.

3) Concrete driveway has developed so many cracks. It was laid directly on the soil without any expansion joints. We only found about these joints after googling post cracks development.

Am I eligible to claim repairs from seller?

Home & Garden

Comments

  • onetwothreefour on 03/01/2017 - 17:18
    +15

    No

  • charzy on 03/01/2017 - 17:23
    +2

    No

  • shrek4 on 03/01/2017 - 17:35
    +3

    It is the buyers choice to get a building inspection(s) done prior to purchasing. With the inspection results you would usually bring any key issues up during the negotiations (I.e negotiate repairs and make contract conditional or to negotiate less money) or walk away or accept the building as is.

    You can't come back at the previous owners 13 months later. It's now well and truly your property, your problems unfortunately.

    I'm sure there are companies that can help repair the cracks. With soil expansion and contraction (a common problem in SA) cracks are often seasonal and easy to fix.

    Fingers crossed for you it's nothing major and not structural.

    Good luck with it all, and congrats on owning your first home.

  • Almost Banned on 03/01/2017 - 17:50
    +3

    You got a building inspection - and then disregarded its findings.
    13 months have now gone past.
    What do you want?

    • Sshanaz on 03/01/2017 - 18:45

      Nothing was identified in relation to cracks during building inspection.

      • Pumpkin_rrr on 03/01/2017 - 21:02
        +1

        Go after the Inspector. Sue him for omission/negligence/

        • Candour on 05/01/2017 - 06:05
          +1

          ask fair trading what your rights are against him. they are not helpful in nsw

  • Lil B on 03/01/2017 - 17:55
    +1

    Buyer Beware.

    /thread

  • supnigs super skids on 03/01/2017 - 18:06

    NO

  • hell0 on 03/01/2017 - 18:52
    +4

    Have you tried a Paypal SNAD dispute or eBay buyer protection?

  • RockyRaccoon on 03/01/2017 - 19:55
    +2

    Am I eligible to claim repairs from seller?

    Under the basis of law - Caveat Emptor - you can sue the pants off them.

    But winning would be the same odds as a lottery ticket……

  • spackbace on 03/01/2017 - 19:58
    +11

    But wait… how high are your ceilings…?

  • tonyjzx on 03/01/2017 - 20:03
    +2

    ridiculous question and i question how someone can get to this stage and not know these things

  • garetz on 03/01/2017 - 20:04
    +1

    If you had a building inspection before purchase, and they did not identify these faults, maybe you should sue them. The previous owner has no responsibility in this case.

  • onetwothreefour on 03/01/2017 - 20:09
    +7

    One of my light bulbs has just blown 6 months after I bought this place, can I ask the owner to come round and change it?

    • spackbace on 03/01/2017 - 20:11

      ACL - definitely (at least according to these forums)

    • xoom on 03/01/2017 - 20:20
      +1

      My water heater gave up the ghost after 12 years since i bought my place. Time to get the bikies onto the previous owner if they dont fix it.

      • onetwothreefour on 03/01/2017 - 20:23
        +1

        oooh those are supposed to last at least 15 years, what a rip off!

        • xoom on 03/01/2017 - 20:27

          Heres the clincher. I dont actually know when the water heater was installed. The previous owner could have had it for a few more years before i bought the property.

  • [Deactivated] on 03/01/2017 - 20:13

    No, house was bought and you signed off an accepted the condition at settlement
    13 months later, things change, unfortunately this is what happens with real estate

  • altomic on 03/01/2017 - 20:29
    +4

    Under the house buyers act (1986) you are entitled to 90% of the repair costs provided a claim is made within 3 years.

    FFS

    • jhmtaylor on 04/01/2017 - 09:46

      I cant find any record of Home Buyers Act 1986. Are you sure?

      • altomic on 04/01/2017 - 20:43
        +1

        Really sure. Keep searching

        • Candour on 05/01/2017 - 06:07

          if you are sure pl post. often easier for you to find what you know is there than someone new.

  • chumlee on 03/01/2017 - 20:36
    +1

    depends. was this owner builder renovation as you can sue for costs as owner builder has to warranty the works but if no permit was required then you have no recourse but check your state laws as differs in each state?

  • wearabloodymask on 03/01/2017 - 20:57
    +8

    Wow can't believe how many people are giving out wrong information and that this person is in fact wrong in wanting someone who renovated his to have done a good job. I am currently going through a similar process, although with much grander problems so i may be able to provide some insight for you.

    Firstly, each state has legislation that in facts ensures that builders need to rectify poor works; this is 2 years for minor defects and 6 years for major defects. There is no clear definition of the differentiation between minor and major defects and this is where lawyers and building experts may need to be engaged to provide their expertise.

    The first thing you should be is to find out if the owner was an owner builder or engaged a builder as this will then have implications on who you will be chasing to complete the works. The next step is to contact the department of fair trading in your state and they will try and facilitate medication- ie getting the builder to repair defects. If there is no success here then you can go through tribunal which again is dependant on state, in NSW for instance it is NCAT. The fees for this are quite small and you are not required to get a lawyer.

    If you need advice on building experts who can provide written reports feel free to let me know and i can PM you details. Also if you want any more advice let me know and i am happy to help.

    • Candour on 05/01/2017 - 06:09
      +1

      your comment counteracts the many destructive comments. on this site. a poor response from other. thank you for giving me back my faith in the humanity of ozB members. as for the others to mock a consumer when they are down is in poor taste.

  • tonyjzx on 03/01/2017 - 23:13

    Call you conveyancer but I predict OP will come back and ask what a 'conveyancer' actually is.

  • rigby75 on 04/01/2017 - 08:33

    Did you get tittle insurance?

  • jhmtaylor on 04/01/2017 - 10:04
    +2

    1) You need to consult a very experienced builder, preferably one who specialises in renovations. Do your own due diligence on the builder.
    2)External walls. The rendering was probably to hide the cracks in the wall which could have been there for decades. It will be hard to sue the building inspector because they are usually only liable for what they can see at the time of inspection. Read the terms of the building inspection for more detail
    3) Concrete driveway. As far as I know there is no building permit required for driveways so suing will be very difficult. The best way to make a driveway is 100mm slab, reinforcing mesh, expansion joints and at least 32 mPa concrete. This should take most vehicle including delivery trucks and minimise risk of tree root damage
    The real issue is that the house is built on unstable ground. Is it reclaimed land, ex swamp etc. The fact that you had the saturated soils indicate it was most likely swamp at one stage. If so the footing should have been double to triple the normal size depending on how poor the soils are.
    This is the sort of problem where you could spend $50K on legal and professional fees and still lose.

  • eXo on 04/01/2017 - 10:36
    +3

    the thing with building inspectors is that the ones you usually get are like level 1 helpdesk people, they do a 1 page report and another 5 pages of legal jargon making them not liable for anything they miss.
    I learnt it's best to get those guys who are the level 3 guys so to speak, they do a thorough examination and have the experience proof to back them. I'm lucky i learnt this before my last purchase as the previous owners (of the house I bought) showed a inspection report from another couple putting in an offer and it showed no issues, I got a seasoned guy in and he found all the problems to which we used to get the price down and plan for with our renovations we had planned.

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