Hello all,
I am currently in the process of settling the buying of a house in Perth, WA. This is a very specific issue we currently find ourselves in and would like some help, as we have not been able to find anything definite and neither settlement agents are any help.
We have put the clause that the sale is conditional on building inspections, and have arranged (and paid for) an inspector to look at the house. He has completed the whole house but was not able to physically gain access to the sub floor as it was sealed shut (in two access points).
The seller had given his permission for force to be used to gain access, however, they want us to pay for the re-inspection costs as well as any damage made from the force needed to gain entry. We believe this to be unfair as it is the seller's responsibility to allow access and thus, should have to pay for the damage that may be caused in doing so.
Is this correct under property law, as we cannot find any documents either supporting or disproving this and both settlement agents are no help?
Thank you.
I am currently in the process of settling the buying of a house in Perth, WA. This is a very specific issue we currently find ourselves in and would like some help, as we have not been able to find anything definite and neither settlement agents are any help.
We have put the clause that the sale is conditional on building inspections, and have arranged (and paid for) an inspector to look at the house. He has completed the whole house but was not able to physically gain access to the sub floor as it was sealed shut (in two access points).
The seller had given his permission for force to be used to gain access, however, they want us to pay for the re-inspection costs as well as any damage made from the force needed to gain entry. We believe this to be unfair as it is the seller's responsibility to allow access and thus, should have to pay for the damage that may be caused in doing so.
Is this correct under property law, as we cannot find any documents either supporting or disproving this and both settlement agents are no help?
Thank you.