Misrepresentation? Help..

[NedKelly]

I have just reviewed a survey carried out on an industrial property I own, it says "Due to the age of the building, asbestos may be within the fabric of the building. Our inspection was only of a limited visual nature and we cannot give any assurances that previous uses on the site, or in the surrounding areas, have not contaminated sub-soils or ground waters. In the event of contamination being discovered, further specialist advice should be obtained"

There must be a book issued to surveyors that contain all the disclaimers that they charge us to bloat out their reports so they can justify their fees.

Here is another one from the same survey: "The property will need to compete on rent and rent free contributions in order to perform in line with its peers" Well blow me down, I am so grateful for those words of wisdom.

Here is another one from the same survey: " We recommend a program of planed preventative maintenance is carried out" Fantastic advice.

But here is the best one of them all:- "We are of the opinion that the property is over rented" Well I will have to immediately contact all the tenants and offer them a rent reduction, even the ones with 10 years left on the lease!

 

[Terryw]

But here is the best one of them all:- "We are of the opinion that the property is over rented" Well I will have to immediately contact all the tenants and offer them a rent reduction, ever the ones with 10 years left on the lease!

Maybe you have rented out 10 rooms when you only have 9?

 

[INVSTOR]

Well thats just poor service as far as I am concerned. Does not matter how many you did you still SHOULD have all the info down in relation to the property so you can at least discuss your findings with your client if asked.

Brian

Definately, I wouldn't use them again!

 

[wobbycarly]

I have a building inspector in Perth who would sit down with you for half an hour after report and explain it all. Different experience in Brisbane though. I rang to query report and the builders reply was, "I'm not sure, I've done a few today, I can't remember which was your property....oh, I think so?". It is kind of handy though when buying interstate if you haven't seen the property.

Last time I got a building inspection done in Qld, they were going to ring me "30 minutes after they visited the property" to discuss it. Phone calls: 0. Annoyed customers: 1.

 

[paulie]

Hi Matt,

did you buy privately or via a real estate agent?

Either way your version of events does suggest a fairly straight up lie has been feed to you, and as such you definately have a right to commensation under the joint forms ( the purple document that has all the rules and regulations, the rights and obligtions of buying and selling property in wa - which you should have received when you first submitted your initial offer).

However, if you brought privately you are going to have to go after the previous owner who already has your money and may have spent it, via the courts - which could be a fairly painfull and slow process.

If you bought via a real estate agent, who quite frankly should have identified to you the asbestos in the shed and also placed a notification on the contract, and you go after the agent - you will usually find a $5,000 claim for damages via a lawyer will be settled fairly quickly as this seems to be the premium most real estate agents will have to pay via their insurance if they get sued and wish to defend themselves. Anything over $5,000 and the real estate agent and their lawyers will do the numbers on the cost of defense versus chances of winning.

On another note, you can remove asbestos your self, just take precautions like wearing breathing masks etc. Whilst the asbestos sheeting is highly unlikely to produce the types of air bourne fibre's that can cause lung cancer - it is never worth taking the risk. Once you have dismantled said shed, you'll need to wrap up all the asbestos in thick black plastic - and take to a public rubbish tip like Redhill out along Toodyay Road in Red Hill, who'll weigh the material and charge you a fee for disposing of it. Last time i took about 20 metres of fencing for disposal it cost me approx $150 (three years ago).

Good luck

 

[matt85]

Hi Matt,

did you buy privately or via a real estate agent?

Either way your version of events does suggest a fairly straight up lie has been feed to you, and as such you definately have a right to commensation under the joint forms ( the purple document that has all the rules and regulations, the rights and obligtions of buying and selling property in wa - which you should have received when you first submitted your initial offer).

However, if you brought privately you are going to have to go after the previous owner who already has your money and may have spent it, via the courts - which could be a fairly painfull and slow process.

If you bought via a real estate agent, who quite frankly should have identified to you the asbestos in the shed and also placed a notification on the contract, and you go after the agent - you will usually find a $5,000 claim for damages via a lawyer will be settled fairly quickly as this seems to be the premium most real estate agents will have to pay via their insurance if they get sued and wish to defend themselves. Anything over $5,000 and the real estate agent and their lawyers will do the numbers on the cost of defense versus chances of winning.

On another note, you can remove asbestos your self, just take precautions like wearing breathing masks etc. Whilst the asbestos sheeting is highly unlikely to produce the types of air bourne fibre's that can cause lung cancer - it is never worth taking the risk. Once you have dismantled said shed, you'll need to wrap up all the asbestos in thick black plastic - and take to a public rubbish tip like Redhill out along Toodyay Road in Red Hill, who'll weigh the material and charge you a fee for disposing of it. Last time i took about 20 metres of fencing for disposal it cost me approx $150 (three years ago).

Good luck

Hi paulie,

Thanks for your advice. I did buy it through the real estate agent but I asked the seller the question directly as all of us were at the same place (trust me, it was a very awkward and stressful situation!).

However, the real estate agent never gave me any joint form or what so ever at the first place when I put in the offer. We went through that through the email. So nothing else was provided to me even he claimed as did. But I got all the proof he didn't. Is there any place I can obtain a copy if that joint form?

The real estate agent claimed that he did not know about the asbestos. He said the owner didn't tell him anything about it. We have held back 4k for the the approval of the patios. But nothing for the sheds. Now the shire is requesting the sheeting on the patios and the sheds to be removed. And the shed with the asbestos must be removed by a licensed removalist..and it's a huge shed, I personally don't want to touch it myself..all I am hoping is just getting them to cover the cost of removing it which it will be about 4k...