OF REPAIR – STANDARD CONTRACT
the subject of the sale is a new house, there is an implied term in
the contract, a warranty by the Seller that he/she has used proper
materials and good workmanship. The effect of this warranty is that
even after the time specified in any maintenance clause (usually 90
days) the Buyer can sue the Seller for breach of warranty if a defect
can be shown to be due to bad materials of workmanship.
building code may also contains certain "statutory insurance"
provisions under which a claim may be brought.
established house is bought in its state of repair at the time
contracts are exchanged. The Buyer cannot later complain if he/she
has failed to notice defects or if he/she thought the condition of
the house to be better than in fact it is. For this reason, the
Buyer should arrange for a builder or other expert to carry out a
structural inspection before contracts are exchanged. The Buyer has
the right to inspect the property prior to completion to satisfy
himself/herself that its condition has not substantially deteriorated
since the date of agreement.