21 November 2015

Lights out!

Sale, Purchase, Mortgage, Lease
Victoria

Asked

Does a purchaser have a right to ask for the electricity to be left on prior to settlement to enable her to exercise her contractual right to final inspection meaningfully (i.e. so she can test that appliances etc. are still working)?

Answered

There is no condition in the contract that would support the argument that the purchaser has such a right.

Perhaps it could be implied as a necessary component of the right to inspect but if the vendor simply refuses to cooperate it is difficult to imagine that the purchaser would issue legal proceedings to obtain such an order.

Regards

Mentor