Other things to find out
Mandatory seller disclosure does not tell you everything you need to know about the property. Additional inquiries will depend on the information provided by the seller and the way you intend to use the property.
If you are going to live in the property, investigating anything that may impact the property’s value is critical. Key questions include:
Are there any structural defects in the building? Obtain a building and pest inspection report from an independent and qualified person.
Are there any encroachments from adjoining buildings? Check the boundaries by obtaining a survey.
Are building approvals current? If not, this may impact your future use of the property and insurance costs.
Check if there are any issues adversely affecting the amenity of the property, such as future transport proposals.
Are there any environmental contamination issues? Are there disputes with neighbours about overgrown trees? What are the potential impacts of flooding and bushfires? What are the future plans for development on adjoining properties that may affect your view?
If you are buying a unit or townhouse, search the body corporate or owners’ corporation records to confirm there is no adverse financial liability to owners.
This is not an exhaustive list. Do not to assume you can get out of the contract if you discover something adverse after you sign the contract.
Making the contract conditional upon satisfactory inspections may provide you with time to carry out these inquiries, but ultimately may not protect you.
Making an offer and signing a contract of sale
You have decided this is the property for you – how do you make an offer?
If it is an auction, your bid at the auction is an offer to buy on the terms of the contract provided by the seller’s agent. You will not be able to add conditions to the contract and no cooling off periodwill apply.
Doing your homework before the auction is critical. Upon the fall of the auction hammer, you are bound to buy the property.
If it is a private sale, you can make an offer to buy a property by signing a contract of sale. You can add conditions such as subject to finance. The seller can accept or reject these conditions.
Once the seller signs the contract accepting your offer, you are bound to buy. A cooling off period may apply.