You’ve signed your contract.
Great.
You can picture how you will make changes to the property.
You want to change those blinds.
You think the property needs a fresh lick of paint.
Perhaps you want to renovate that kitchen or add a deck to the back yard?
And you’re keen to get quotes from tradies.
Can you access the property before settlement?
In this article, I’ll discuss how you can access the property before settlement.
Access to the property
Clause 8.2 of the standard REIQ contract for the sale of houses and land reads deals with access to the property before settlement.
Let’s unpack, clause 8.2.
Clause 8.2 gives a buyer the right to enter to the property prior to settlement on reasonable notice and for specific purposes as follows:
- Once, only to read any meter.
- To conduct a building and pest inspection of the property and pool safety inspection. The wording of clause 8.2 does not restrict the number of times entry could be requested.
- Once, only to conduct a pre-settlement inspection.
- Once, only to value the property.
Clause 8.2 is restrictive
As the above suggests, clause 8.2 is restrictive.
Firstly, you must provide reasonable notice. The term reasonable is not defined in the contract so what is reasonable will depend on the facts of each matter.
Secondly, a seller is not obliged to facilitate entry for a purpose not listed in clause 8.2. This means that a seller can legally refuse you entry for any purpose not listed in clause 8.2.
Getting around clause 8.2
So, how can you gain access to the property for a purpose not listed in clause 8.2.
There are two ways this can be done.
You can:
- seek to negotiate a special condition into the Contract that will permit entry to you or your consultants for a purpose that is not listed under clause 8.2. If you want your painter or builder to have access to provide you with a quote it is best to seek to negotiate the terms of entry by way of special condition prior to signing on the dotted line; or
- if you haven’t negotiated a special condition into your contract that allows you access beyond the scope of clause 8.2, you will need to request access and the seller must grant you access.
Conclusion
To summarise:
- the standard REIQ contract provides a buyer access to the property for 4 specific reasons;
- a buyer must provide reasonable notice to the seller before the buyer exercises his or her right to access;
- the seller may legally refuse a buyer entry to the property if the reason for the entry is not one which is listed in clause 8.2;
- if you want access for a reason not specified in clause 8.2, you must either seek to negotiate a special condition written into your contract (before you sign) or request access – but remember, the seller is not obliged to grant access.
If you have any questions about this article or wish to discuss its contents, please call 1300 080 569 or email [email protected]
Irfan Ebrahim
14 January 2022
DISCLAIMER: This article is provided for general information purposes only. Its content is current at the date of preparation. Changes in circumstances or policy or legislation after the time of preparation may impact the accuracy of the information provided. It is not legal advice and is not tailored to meet your individual needs. You should obtain specialist advice from a qualified professional based on your specific circumstances before taking any action concerning the matters discussed in this guide. One80 Conveyancing Pty Ltd will not accept liability for any reliance on this article, including but not limited to, the accuracy, currency or completeness of any information or links.
