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Answered in 40 minutes by:
3/30/2009
Maurice, Lawyer
Category: Australia Law
Satisfied Customers: 2,764
Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
VerifiedHelloCustomerbr />
Could you expand a little on the question please as to what the situation is? I am reading it as there are some buildings that have never been approved by the WA Planning Commission or Local Council and you want to know if approval needs to be obtained if they have been there for many years?
I will assist where I can
Could you expand a little on the question please as to what the situation is? I am reading it as there are some buildings that have never been approved by the WA Planning Commission or Local Council and you want to know if approval needs to be obtained if they have been there for many years?
I will assist where I can
HelloCustomerbr />
Thank you for the additional information.
The ramifications for the Seller can be limited if they have disclosed to the Buyer that the extension has not been approved. If there is an Agent acting on behalf of the Seller who has this knowledge they should disclose in the contract of sale.
If the contract has already been signed, create a variation to the contract for both Buyer and Seller to sign.
Disclosure PRIOR to settlement is paramount, if the Buyer has an issue they need to raise it now for once the property settles, it will be difficult for them to lodge any claim against the Seller where no outcome, or loss, has been determined.
Lets consider a worse case scenario in that the Council does come along and sees the structure in place, they will not order it to be removed but will ask that the Seller or Buyer apply for approval. The relevant fees will apply and its this cost that could be negotiated if there is a Buyer objection prior to settlement.
I trust this information is of assistance and that you will kindly accept my answer.
Regards
Maurice
Thank you for the additional information.
The ramifications for the Seller can be limited if they have disclosed to the Buyer that the extension has not been approved. If there is an Agent acting on behalf of the Seller who has this knowledge they should disclose in the contract of sale.
If the contract has already been signed, create a variation to the contract for both Buyer and Seller to sign.
Disclosure PRIOR to settlement is paramount, if the Buyer has an issue they need to raise it now for once the property settles, it will be difficult for them to lodge any claim against the Seller where no outcome, or loss, has been determined.
Lets consider a worse case scenario in that the Council does come along and sees the structure in place, they will not order it to be removed but will ask that the Seller or Buyer apply for approval. The relevant fees will apply and its this cost that could be negotiated if there is a Buyer objection prior to settlement.
I trust this information is of assistance and that you will kindly accept my answer.
Regards
Maurice
Maurice, Lawyer
Category: Australia Law
Satisfied Customers: 2,764
Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
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