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[Newbie]

My Wife and I have bought an Apartment off the plan and have been waiting about four months for the building to be finished and approved. The actual building work, we believe, is now completed and the agent has advised they are now waiting for various Government approval to go through.

Due to upcoming medical treatments which I have been putting off for months it is now urgent that we get the moving in to the apartment over.

The Agent has advised that this is possible by moving in “under license” I am somewhat familiar with this arrangement as we did that for a few weeks some years ago, paying rent, prior to the settlement on the home we have just sold.

Our Solicitor advises us that if we do this license arrangement, we have to accept the condition of the apartment “as is” and would have no redress regarding incomplete work or faults. Surely under any tenancy agreement the premises should be in good repair (in this case, new) and suitable for occupation. Also, when the building is eventually approved for occupation and the final legal settlement and purchase occurs, would not the developer then be liable to complete or repair according to the purchase contract?

Your comment would be appreciated.

Regards

Newbie. 

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[Whale]

You’re not occupying the property as a tenant, but rather under a license to occupy prior to settlement, and whilst I’m not a lawyer, I’m aware that such arrangement generally incorporate a provision that the purchaser’s occupation of the property is on and “as is” basis, that they can’t then rely on any representations made by the Developer / Seller or claim against them for any subsequent repairs, defects, errors, or design omissions in respect to the property.

As I said (above) I thought that indemnity was for claims arising subsequent to occupancy under the license, so it may be prudent to have a good close look over the property beforehand and then make any claims, but as I also said I’m not a lawyer and your paid adviser is, so I’d recommend clarifying with them the circumstances under which claims for repairs, defects etc can and cannot be made, and then accept their advice.

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[Newbie]

@Whale said:
You’re not occupying the property as a tenant, but rather under a license to occupy prior to settlement, and whilst I’m not a lawyer, I’m aware that such arrangement generally incorporate a provision that the purchaser’s occupation of the property is on and “as is” basis, that they can’t then rely on any representations made by the Developer / Seller or claim against them for any subsequent repairs, defects, errors, or design omissions in respect to the property.

As I said (above) I thought that indemnity was for claims arising subsequent to occupancy under the license, so it may be prudent to have a good close look over the property beforehand and then make any claims, but as I also said I’m not a lawyer and your paid adviser is, so I’d recommend clarifying with them the circumstances under which claims for repairs, defects etc can and cannot be made, and then accept their advice.

 

Thank you Whale for your prompt reply, I will check further with my Solicitor.

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[Boronia]

If the building is not “finished and approved”, would any form of occupancy be allowed?

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[Author]

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