WA Sale contractwith termites and no RCDs.

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Sophie Shaw

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16 May 2018
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We made an unconditional offer on a property and it was accepted. The termite inspection has come back with termites and there are no RCDs installed. Can we legally get out of the sale contract? Thank you so much.
 

Rod

Lawyer
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27 May 2014
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Unlikely.

I suspect the RCDs will only result in a costs order, not void the contract. Termites are something you should have checked before signing the agreement. However if the owner or real estate agent categorically denied the existence of termites you may have a chance, a slim chance. A he said/she said argument is not likely to fall your way so you would need good evidence.

re: RCDs. You should put the seller on notice now they need to rectify before settlement.