As we enter into the winter months, icy mornings, hail, thunderstorms and strong winds are not out of the ordinary for Perth.
The recent WA Day long weekend storm, described by the Bureau of Meteorology as the type of system seen only every three to five years, was a timely reminder of how quickly severe weather can cause damage.
As a seller, it's important to brace for these conditions and prepare for any damage to properties, fences, gardens and trees caused by rough weather. Depending on the severity of the damage, most homeowners can repair or tidy up themselves.
But what happens if you are in the process of selling your home?
How to deal with the situation
If you've recently sold your property and it's currently under contract when storm damage occurs, Clause 8 of the Joint Form of General Conditions relating to 'Risk' comes into play.
Major damage
If the property becomes uninhabitable, or any other building or improvement is rendered unusable compared to its condition at the contract date, the seller is required under Clause 8.3 to give notice to the buyer to that effect.
There are additional contractual elements to this, fortunately rare, occurrence and legal advice is often necessary to ensure both parties understand their rights and obligations.
Minor damage
If the damage is minor, Clause 9.1(f) of the Joint Form of General Conditions may be relevant. This clause provides that the property at settlement will be in the same state and condition it was in immediately before the contract date.
Where a fence has been significantly damaged during the contract period, the owner, along with the neighbour, are required to repair or replace the fence within a reasonable time.
Let's hope you didn't find yourself in this situation over the weekend, but if you are, your REIWA agent will be well placed to help you.
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