Browse Forums Owner Builder Forum 1 Apr 26, 2013 1:34 am Hi all. I have recently moved out of my home which I have been building the last 10 years. i have separated from my partner and have been told by the court I have to put the house on the market, reason being a payout figure could not be negotiated, the problem I have is there is no certificate of occupancy, i am very concerned the agent will try to sell the house without informing any prospective buyer about all the issues and unfinished items with the house, this concerns me as I was an owner builder and it may create problems for me down the track, is the agent required by law to disclose any unfinished item that could be at a risk to the buyer Thks for any advise Re: No Occupancy Certificate 2Apr 27, 2013 8:18 am I really don't know the legalities, but I would imagine that it wouldn't be up to the agent as such, but I would expect the onus would be on the vendor to disclose it in the contract of sale. You could tell the agent all the issues - but they are not going to promote them - they are trying to sell the property. We bought a property off an owner builder - and we didn't know what was required and what wasn't. Luckily, our solicitor picked up that the owner builders warranty (or whatever it was called) was not included in the contract. The OB then hurriedly purchased/provided one. But the agent certainly didn't point it out . Anyway, I would not be relying on the agent to deal with any legal matters in that regard. Good luck with the sale. PS - although you might not be able to get a certificate of occupancy, you should be able to get a final inspection report which should highlight any areas that were not acceptable or incomplete. This would then be included in the contract. Unfortunately, a little bit of 'caveat emptor' (buyer beware) is also going to need to come into play. HHCIB 0 6209 If the vapour barrier is there, and the builder has photographic evidence of it, this is usually should satisfy your certifier, unless he is not happy with something else… 1 1364 I don’t think so as the floor area over 300 square meters then it is class 3…. 12 18628 |