Asked by Anonymous
Hi all,
I am purchasing a sub-sale condominium unit where the developer's defect liability period is nearing expiry.
The seller has not carried out a comprehensive defect inspection, and completion will likely take place very close to, or possibly after, the expiry of the defect liability period.
The seller's agent has taken the position that if the property is sold after the warranty/defect liability period expires, it is not the seller's responsibility and the purchaser bears the consequence of losing any remaining warranty coverage.
My questions are:
1. In a sub-sale transaction, is it entirely at the seller's discretion whether to conduct defect inspections and submit defect claims before completion?
2. Does the seller have any obligation to preserve the benefit of the remaining defect liability period for the purchaser, especially when completion is close to the expiry date?
3. Is there any common market practice for sellers to arrange a defect inspection and submit claims before completion when the warranty period is nearing its end?
4. If completion occurs after the defect liability period expires, does the purchaser generally have any recourse if defects that could have been claimed earlier are later discovered?
Would appreciate views from agents, lawyers, and buyers who have encountered similar situations. Thanks.
I am purchasing a sub-sale condominium unit where the developer's defect liability period is nearing expiry.
The seller has not carried out a comprehensive defect inspection, and completion will likely take place very close to, or possibly after, the expiry of the defect liability period.
The seller's agent has taken the position that if the property is sold after the warranty/defect liability period expires, it is not the seller's responsibility and the purchaser bears the consequence of losing any remaining warranty coverage.
My questions are:
1. In a sub-sale transaction, is it entirely at the seller's discretion whether to conduct defect inspections and submit defect claims before completion?
2. Does the seller have any obligation to preserve the benefit of the remaining defect liability period for the purchaser, especially when completion is close to the expiry date?
3. Is there any common market practice for sellers to arrange a defect inspection and submit claims before completion when the warranty period is nearing its end?
4. If completion occurs after the defect liability period expires, does the purchaser generally have any recourse if defects that could have been claimed earlier are later discovered?
Would appreciate views from agents, lawyers, and buyers who have encountered similar situations. Thanks.
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