Get Your Own Building Report
Building inspection reports have become a common feature of the residential property market in New Zealand. However, in post-earthquake Christchurch, where earthquake damage can be missed or repairs done hastily, building inspection reports are vital. We are increasingly seeing properties being sold “as is where is” or sold by a vendor that did not conduct or oversee earthquake repairs. In this context it is worth noting that a mix of different reports and advice is the safest way to guard your future investment.
The recent High Court decision of Steel v Spence Consultants Limited has reaffirmed the advice that you should get your own building inspection report. Vendors selling at auction or trying to make their property look more attractive to buyers often have a building inspection report conducted in advance so they can pass this onto purchasers. In Steel the vendors commissioned a building report prior to putting their property up for auction. The purchasers at auction relied on this report in the auction package instead of requesting their own, particularly its statements regarding weathertightness which were later proven to be incorrect. The purchasers brought a claim in the High Court following settlement when weathertightness issues presented themselves and were successful at trial receiving an award of $85,000 plus interest in damages. However, they were only successful in receiving half of the damages claimed because they did not seek their own report or building advice nor did they seek clarification where comments in the report raised questions. In addition, the purchasers were unsuccessful on one of the two grounds they argued on the basis of the disclaimer included in the building inspection report.
The question this raises is, how does a prospective purchaser protect themselves when buying a property at auction or where a building inspection report is already provided?
• Seek your own building inspection report and if possible seek other professional advice regarding the state of the dwelling, particularly if you are buying in Christchurch.
• Steel has suggested that the experience and position of the purchaser is relevant, for example a first home buyer is expected to know less than an investor with several properties in their portfolio.
• Clarify the position surrounding any earthquake related repairs and seek building advice in light of the repair work conducted.
• Seek legal advice regarding the effect of any disclaimer in the building inspection report. If the report is limited in its scope, you should be asking why this is the case.
• Review the building report carefully and discuss it with whoever has conducted it. If you are unsure of the practical consequences of any comments or elements of the report then you should query these.
Ryan Keen is a Solicitor in Rowan Aspros' property team and can be reached on telephone (03) 379 4660 or email: ryan@corcoranfrench.co.nz
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Kalle
"Sports and travelling run in the family, and that's kind of what's led me to come to New Zealand."
"I grew up in a small town in Finland. My dad was involved with sports all his life, he was a shot putter, discus thrower, powerlifter, we traveled quite a bit when I was a kid. He never mentioned much of the rugby days. He just said he broke both of his shin bones playing rugby, so he said, ‘never play the sport, It's crazy.’
I started playing when I was 18. I played my first cap for the Finnish national team in 2014, we won the Finnish championship with my club. Rugby is not a big thing in Finland.
I moved here to play rugby in 2017. The club that wanted me to come over was Methven Rugby Club. They got me here and they were like, ‘what do you do for work? I’d just finished chef school in Finland. ‘We'll get you a job at Mount Hutt as a chef, you can do that while you play rugby with us.’ I said, ‘Perfect. Yeah, I'm in’.
I've always loved food. My mum was an amazing cook, and still is. When I was studying tourism I worked in some hotels in Finland, and I saw how the chef's worked. I just loved the kitchen vibe and I was like, Yeah, that’d be something I'd love to do.
I've had more of a culinary journey In New Zealand than in Finland. I started at Mount Hutt, after that I worked at The Dubliner in Methven. I worked as a senior pizza chef at Sal’s for maybe six months then worked as chef de partie at Cellar Door. At Eliza's Manor, I worked myself up to a junior sous chef. Then the opportunity came to work my first head chef job at Moon Under Water.
We're privileged to have a busy atmosphere, we can try new things and get a bit creative. There are no TV’s, just come here with your family or with your mates, play board games, to socialise.
I really want to drive the local food and ingredients through the menu. We don't mind spending more for quality ingredients as long as it's supporting New Zealand businesses. We just love to use local. And it's pub food, but I feel like it's elevated.
I play club rugby here for the Christchurch Football Club, the oldest club in New Zealand and I still play regularly for the Finnish national team, whenever they can fly me over to play."
- Kalle
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$50 garden centre vouchers!
Our winners this week have won $50 to spend at a local garden centre.
Congratulations to:
Cassie Arauzo from Cockle Bay
Elizabeth Williams from Hillcrest
Luke Shamy from Hornby
Mitchell Hopping from Wallacetown
Get in touch with our helpdesk team here if you're on this list! If you're not a winner, check back next week just in case.
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