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WA Bought House with Blocked Drains - Redress Under Property Law?

Discussion in 'Property Law Forum' started by Cherry D, 15 May 2016.

  1. Cherry D

    Cherry D Member

    14 May 2016
    Likes Received:
    My enquiry concerns drainage at a property I recently bought. Two days after I moved into the home we had heavy rain and the gutters overflowed, causing water to run back into the eaves and overflow, flooding the patio, verandah and garage area. Luckily, I was home and immediately grabbed a ladder to check the gutters. The gutters were totally blocked and I spent a few hours in the rain scooping out leaves, etc.

    I thought that I had resolved the problem until it rained 5 days later and once again the same areas overflowed. When the rain stopped I checked the gutters and realised that I had not cleared the downpipes which were badly blocked. I now believed that the problem was resolved and I could relax. Unfortunately, with the next rain the same flooding occurred and I now had to look at other possible causes.

    The cause turned out to be the pvc drainage pipes that the downpipes were connected to were solidly blocked with tree roots and everything was back flowing causing the flooding.

    My query is where do I stand with regard to repairs. I feel the vendors must have been aware of the problem but did not say anything. I know it is buyer beware but unless you were looking at the property during a downpour, how would you know?

    I have read the Limited Warranty Clause 3 on the Offer and Acceptance and wonder if I have any redress.

    I would appreciate any help on property law that forum members can offer.
  2. Victoria S

    Victoria S Well-Known Member

    9 April 2014
    Likes Received:
    Once you have exchanged contracts to purchase a home, you have no rights against the seller for any faults present in the property such as leaking roofs or taps, white ant infestation or blocked drains. The exception to this is in the case of a new property where the contract gives you a 90 day maintenance period.
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