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My Husband and myself live in Western Australia. We are
Hi, My Husband and myself live in Western Australia. We are going through the settlement process to buy a unit. We had a building inspection clause as part of our agreement, but apparently all that wa… read more
Leon
Leon
Solicitor
Master's Degree
32,049 satisfied customers
I have used a Pest contractor who put in termite barrier and
I have used a Pest contractor who put in termite barrier and have a certificate of the work done and have had him back to check on areas that we thought had issues and he has said we have no issues wi… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
13,296 satisfied customers
L, Below is the email I sent to QBCC tonight. I hope it
l,Below is the email I sent to QBCC tonight. I hope it reads okay.MexxxxxDear Sir or Ma'am,The purpose of this email is to seek guidance over an issue we are having with our pest installer and their refusal to honour their warranty despite written guarantee on company paraphernalia given to us at handover. We have paid for the recommended annual inspections to be carried out since our house was new. Our house was built in 2009. We have communicated regularly with the installer, Termicide to rectify the termite infestation, however they refuse to honour their warranty which, in their correspondence, states: covers 12 years from time of installation. The saga is as follows:On 04th March 2017, Termicide attended our property to carry out the annual warranty inspection where active termites were discovered. Termicide's inspector, Rick, treated the area with a pesticide to eliminate them and advised at the time that the termites had ingressed our home via a crack in the footpath running along the back of our home. Upon closer investigation we found no evidence to support that statement. He also stated that the damage he uncovered was about the extent of the termites' incursion into our home. We found that statement to be wrong. After the termite barrier had been installed we engaged the services of a builder to repair the damage originally highlighted by your staff, however upon removing the linen cupboard and gyprock wall we discovered the damage was greater than was originally thought.It was the first visit on 04th March we were informed by Termicide we were not covered by their warranty. We were surprised to find this out considering we have kept up with, and paid for our warranty inspections since the house was constructed. On the 18th of March 2017 a follow-up inspection to gauge the effectiveness of the chemical was carried out by Termicide. Rick determined the termites to be eliminated and a more permanent solution to prevent further infestation was discussed along with methods of payment. A quote was sent via email where we elected to have the entire house treated by way of chemical barrier.On Monday, 29th and Tuesday, 3th of May 2017 a chemical barrier was installed at the cost to us of approximately $6,500.00. We have paid the invoice in full. This is despite the letter to us, dated 6 January 2010, stating in paragraph two the following:“Termicide also warrants your home against infestation for twelve years. This warranty guarantees that should termites breach the barrier and enter your home, Termicide undertakes to remove, repair and reinstate any structural damage at no cost you yourselves. The only proviso we have is that you undertake to have a (sic) annual warranty callout to comply with Australian Standards 3660.1 carried out by a member of our fully trained staff.”Australian Standards 3660.1 states the following:“The Purpose of termite barriers is to deter concealed entry by termites into a building, above the termite barrier. Termites can build around barriers but their workings or evidence thereof are then in the open where they may be detected more regularly”.At no stage has evidence of termite workings been detected either by members of Termicide staff or my Family, only the visible damage found in the roof where further investigation was warranted, in March.By being told termites ingressed our home via a crack in the footpath outside the house means they still breached the Termiglass and/or the slab which is meant to be protected by Frizbee Collars. Either way the termites breached Termicide's product and made their way into our home. Apart from the annual inspections carried out by Termicide, we are always on the lookout for infestations such as this in addition to ants, lawn grub and other pests. My father-in-law, who lives with us, and who has been in the building industry for 50 years, is a creature of habit and has done a regular walkaround of the house since we moved in … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
13,296 satisfied customers
I have purchased a property which is due to settle on
I have purchased a property which is due to settle on 17/07/17. When signing the contract we unknowingly did not have included subject to building inspection and termite inspection including even thou… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
13,296 satisfied customers
We signed a contract of sale on 25.11.15 we have never
We signed a contract of sale on 25.11.15 we have never received access for a pest inspection which out contract was conditional upon until 18.12.15 (proof e-mails) asking for access from 25.11.15 whic… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
Got home loan approval in mid March 2013 for a land & house
Got home loan approval in mid March 2013 for a land & house package in Perth, WA. I signed the settlement documents in August 2013, but still the house failed to finish in September 2013. When it fina… read more
Leon
Leon
Solicitor
Master's Degree
32,049 satisfied customers
I HAVE ENTERED INTO A SALES CONTRACT ON A PROPERTY IN SOUTH
I HAVE ENTERED INTO A SALES CONTRACT ON A PROPERTY IN SOUTH HEDLAND, WESTERN AUSTRALIA SUBJECT TO FINANCE, BUILDING, ELECTRICAL & PEST INSPECTIONS. THE BUILDING & ELECTRICAL HAVE COME BACK $50,000 $ $… read more
Leon
Leon
Solicitor
Master's Degree
32,049 satisfied customers
hello, I recently bought a house I had all the relivent inspections
hello, I recently bought a house I had all the relivent inspections done eg a pest inspection and building inspections etc ect not long after we moved in I found 3 or 4 active termite nests in the gar… read more
Leon
Leon
Solicitor
Master's Degree
32,049 satisfied customers
We have a contract on a house for purchase. We live in
We have a contract on a house for purchase. We live in Perth. At the time of selling the agent asked us to sign on the contract that we accepted that the pergola was not permitted. We were not told th… read more
Leon
Leon
Solicitor
Master's Degree
32,049 satisfied customers
Hello We made an Offer on a property subject to finance,
Hello We made an Offer on a property subject to finance, building inspection and termite inspection. Offer was accepted 13/11/2011, settlement date was scheduled for 4/12/11 but it has now been agreed… read more
Leon
Leon
Solicitor
Master's Degree
32,049 satisfied customers
hi we settle with selling our home on monday the 11th of july.
hi we settle with selling our home on monday the 11th of july. The buyer has advised via his settlement agent that he wants us the sellers to pay for a yearly termite inspection of $700 dollers. They … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
6,880 satisfied customers
We signed a contract to purchase a Victorian property, buildt
We signed a contract to purchase a Victorian property, buildt 15 years ago. However, the owner did not inform us of two facts: 1) He is in fact the builder of the house himself. 2) He used recycled ti… read more
Peter G.
Peter G.
Solicitor
Bachelor's Degree
767 satisfied customers
Hoping you can assist I recently purchased a new house and
Hoping you can assist? I recently purchased a new house and land deal arranged by my finance brokers however when the finace approval came back form the bank it was substancially less that estimated. … read more
Brisbane-Lawyer
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
Ive bought a .com.au domain name for a website that is targeted
I've bought a .com.au domain name for a website that is targeted and advertised in Western Australia only. I recently discovered that there is a another business in Victoria with the exact same name a… read more
Advocate
Advocate
Master's Degree
350 satisfied customers
I have a query regarding property law in Western Australia
I have a query regarding property law in Western Australia if I may? My question/s are as follows: * Is it possible for a financial institution to "pull" finance from a buyer 2 days prior to settlemen… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
We have recently purchased a property in NSW with settlement
We have recently purchased a property in NSW with settlement being on the 4th May. We have had a pest inspection which has said that there are no termites. We have moved into the place already as part… read more
Leon
Leon
Solicitor
Master's Degree
32,049 satisfied customers
I have recently paid a deposit on a house and land package
I have recently paid a deposit on a house and land package in western australia however the settlement date is 18 Februaury 2009 and I do not have finance approved what is the best direction to go in … read more
Leon
Leon
Solicitor
Master's Degree
32,049 satisfied customers
Hi. I have recently sold my property. The buyer organised a
Hi. I have recently sold my property. The buyer organised a private building inspection, pool inspection, and a termite/pest inspection. The property passed all tests. The buyer then did a final inspe… read more
Stephen Teece
Stephen Teece
Master's Degree
18 satisfied customers

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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