Private inspections of properties will not be allowed until at least October 26 in Melbourne, but Hockingstuart Altona/Williamstown principal Anthony Anile has found a legislative loophole to help his clients continue to sell their properties until the lockdown is lifted.
Mr Anile is inserting a clause into all sales contracts that makes the final sale conditional upon a satisfactory physical inspection.
Buyers and sellers will still be able to hammer out the details of the deal, while being protected against any unforeseen issues that may arise upon the final inspection.
Hockingstuart Altona/Williamstown lawyers have confirmed the clause is legally compliant, as inspections required to settle sales contracts are permitted under Stage 4 restrictions.
“Yes, we’re in a pandemic. But issues will arise in every environment, regardless. As professional agents, we need to focus on helping our customers, not add to the general air of negativity that currently prevails,” Mr Anile said.
“Obviously this move is to help sellers who have a genuine need to sell and transact with genuine buyers, not to skirt the need to keep our community safe by minimising the movement of people.
“Buyers will need to be certain, based on the photos and virtual tours they have been able to see remotely, that they do want to buy the property.
“We will then negotiate the price between the parties as usual, with the physical inspection occurring after contracts have been exchanged.
“This upturning of the traditional order of things is a brilliant solution – with the clause in the contract protecting all parties in case the sale later falls through.
“Although we don’t expect this will be the case, if for some reason the property does not meet the expectations of the buyer, the buyer is able to exit the contract without penalty.
“There are many people who genuinely do need to act in the property sector for personal reasons and we’re thrilled this innovative solution allows us to help them,” Mr Anile concluded.
