Hi, All.
Firstly, I am really happy I found this blog. Excellent tips for inspecting a new property. I would like to ask if anyone can advise me regarding defect liability on an apartment. I am looking to buy an apartment in a building that was completed some 2 years ago. The unit did not sell well, but is quickly selling now. The unit is new ( never been occupied), but the realtor claims that it is considered a sub sale. In terms of defect liability, this is what the developer advised to the realtor:
"We will only rectify one time all the defects highlighted by the purchaser during the one time inspection.
If the purchaser has miss out any defects during the one time inspection and subsequently wanted to add on to the defect list. We will not entertain."
Now how can I check that the developer is not just taking "wash their hands" approach. My main concern is on the defects that will not be readily evident during a one time inspection, but may lead to significant cost to rectify. Example of these latent defects are:
1) Concealed aircond ducting is leaking, leading to the need to hack the walls and redo the piping. Wet patches will take time to appear, after regular use of the air conditioners.
2) All electrical wiring is functional ( no light fittings are installed as yet, so unless you can have someone check each and every point with us witnessing it)
3) The adequacy of water seal in the bathrooms, both from the upper floor apartment to the apartment I am purchasing and from my apartment to the apartment below – this is particularly important as rectifying this involves the hacking of tiles in the bathroom, which is not only costly, but can very messy. If it is not rectified, there can be major damage to the apartment below as well, and I do not want to be liable for repairs in the apartment below. Since the apartment above is also not occupied, there is no way of telling if there will be an issue upon a single inspection.
The one time inspection will only address patent defects that are easily observable. Can anyone advise me if I have a valid legal position to ask for a period rather than a single defect request? Any other advice?
The S&P lawyer is being paid for by the developer. Is the stakeholder sum applicabale in my case?
What other defects should I look out for? My unit is on the 29th floor.
Thanks!
Home Defect Rectification Checklist, After vacant posession! Update With Pics
Mar 21 2013, 07:13 PM
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