Before you buy a home, it is recommended that
you have a timber pest inspection report
prepared to make sure the property is not
infested by termites or other timber pests.
Including a timber pest inspection condition on
your offer The standard buying/selling contract
for the transfer of property has two sections,
the:
Contract for the Sale of Land by Offer
and Acceptance (commonly called the "O &
A"); and
Joint Form of General Conditions for the
Sale of Land (also referred to as simply the
General Conditions).
The General Conditions cover important
contractual obligations for both buyer and
seller. This is a formally printed document and
not usually varied. The O & A form, however,
provides greater flexibility and special
conditions can be added to it to meet the needs
of both buyer and seller by documenting specific
points of agreement over and above the standard
general conditions.
Special conditions may cover issues about
property inspections such as building or pest
inspections; who pays for necessary repairs; or
anything else important for either buyer or
seller. Any special conditions made to the O & A
should be as precisely worded as possible and
you may wish to seek legal advice to ensure
this. If the offer is accepted, these conditions
must be satisfied, or the sale may not be
completed.
Because timber pests can cause costly damage
to a property, it is recommended that you as a
purchaser put a special condition in the
contract requiring that a timber pest inspection
report be prepared. In order to make the terms
of the inspection clear and verifiable, it is
best to put your requirement for a timber pest
inspection report in the contract as a special
condition, rather than relying on verbal
agreements with the seller.
The special condition should state that if
termite activity is sufficient to cause, or have
caused, damage then the contract of sale can be
cancelled or the seller made liable for any loss
incurred. The Sale by Offer and Acceptance fact
sheet can provide you with further information
on the offer and acceptance process. Content of
your timber pest special condition Your special
condition should identify the standard to which
the timber pest inspection should be carried out
and report prepared.
For instance, you can specify in the O & A
that the timber pest inspection is carried out
in accordance with Australian Standard 4349.3 -
1998. Australian Standard 4349.3 is a nationally
accepted standard for timber pest inspections
and reports. This type of inspection includes
roof and floor timbers, outbuildings and
fencing.
Timber pests can travel 50 metres
underground, so fencing checks are necessary in
a thorough inspection. An inspection and report
prepared to Australian Standard 4349.3 will
inform you about any current infestation,
previous damage, areas likely to be infested in
the future, and areas where additional
inspections are recommended to maintain
effective physical and chemical timber pest
barriers.