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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22322
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Built house on property in 1999 and sold in 2004. New purchases

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Built house on property in 1999 and sold in 2004. New purchases went through a sales and purchase agreement and signed by both parties with Solicitors. Clause 15 and cl 16 were further terms of LIM and Builders report. No requirement for a final Code of Complaince. The new purchases in 2004 have house on market and their was a request for a full code of complaince. We have looked through our paper work and asked the council and a final was never completed but all inspections leading up were done. At the time the builder and the Registered building certificate went bankrupt after our house was built The council have come and inspected property and their is work to be done to be meet current standards. On our part this could mean approx $5000? Question is: Are we the seller who got a builder in liable for these costs. We live in same area and are good friends of these people so would like to know if I have a liability before I respond to them.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : The builder is normally the person who ensures you have the Code Compliance Certificate, although you will find the council fees are added to his bill, unless this is a fixed sum contract.
christhelawyer : but there could be a limitation issue here. They should have checked at the time, and you cannot bring a claim more than 6 years after the problem arose. Here the problem arose when they bought in 2004 without code compliance. They could have asked you to complete this, but now would have difficulty claiming.
christhelawyer : Possibly you may feel some moral duty to help them, but from the facts you describe, they may not be able to force you to contribute.
Customer:

Morole obligation vs have to. hmmmm.

christhelawyer : Perhaps splitting the cost of the council fees on a without prejudice basis, and without conceding liability may be a start.
christhelawyer : i suggest if they ask for more you would need to have a discussion with your lawyer, with all the information to hand.
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