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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44678
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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We bought our house 3 years ago and "just found" out after

Customer Question

we bought our house 3 years ago and "just found" out after asking the local council for the building plans that the extension room is not council approved. We have been having water leaking from the roof of the extension section for 3 years. When we bought the house, we felt there was some the real estate agent and buyer where hiding, it wasn't until a few days ago when we learn the reason so. Do we have legal grounds to pursue this? none of this was mentioned in the contract for sale? I live in Perth ,W.A.
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

I am sorry to hear about this but the saying "Buyer Beware" apples in these cases.

In any contract there are clauses that say you have made your own enquiries before you entered into the contract and they included building and pest reports and also checking with council to make sure that they have approved all structures.

If the contract is misleading and gives you the impression that it is approved then you can sue on that. But generally the answer is no you have no legal recourse.

If the extension is less than 7 years old and was undertaken by a licenced builder then you may be able to sue them under the Warranty that they have to provide.

I hope this makes sense and is of assistance. If there is nothing further

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