Have you ever painted a weatherboard house?
Have you ever renovated a bathroom or kitchen? Have you ever replaced a window?
Have you ever repaired or done maintenance on your house?
Did you know weatherboards should be painted on both sides?
Did you know you could be liable under an implied warranty for up to 11.5 years from the work or potentially the sale date of your property, no matter what the value of the works??
In July 2019 VCAT found in favour of the buyers of our 1920s house which we had lovingly restored and extended over 12 years. A property we had sold 7 years prior for $780,000(In late 2012)
We had been owner builders for 2 extensions on the property.
We were issued permits for both and we contracted local qualified trades to do the required works. The renovations were inspected and signed off by building inspectors. VCAT found minimal issues with owner builder works but proceed to award a large sum of money ($96,000) for minor renovations and repairs we had done over the 12 years of owning the property.
Moving cupboards in a kitchen. Changing layout of bathroom and retiling floor. Repairing and painting weatherboards. Some of these maintenance and repairs were 12 years old at time of claim.
VCAT also awarded a $26,000 sump pit (drainage pit with pump) to be installed where never there was one nor one had ever been required. (The council changed the road camber a year after we moved including the kerb drainage. We never had issues with drainage in the 12 years we lived there)
The total sum of this award against US the Seller was $96,000 (the initial claim was $230,000)
Prior to sale, the property underwent 2 x pre-purchase inspections that identified almost every issue now claimed.
We also engaged a defects inspector to do a report.
The sales contract drawn up was subject to satisfactory building inspection and a clause of withdrawal at any time up til settlement.
Unfortunately we were never giving us the opportunity to inspect or rectify any alleged faults as the property was renovated again before the VCAT hearing.
We have currently spent over 2.5 years and $55,000 fighting this unprecedented case.
We believe this ruling is unfair and not based in any law that we can find. We feel we need to take this to the supreme court and fight for every person who has renovated and sold their home.
We feel this sets a very scary precedence which opens everyone one of us who has ever renovated and sold. In this case we believe VCAT not for the people and this needs to go to the Supreme Court.
If you would like to help us fight this case, please DM us for paypal donation details.