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  • Writer's pictureHoward Ryan

Case Studies’ 2023


Motivational Quote

It has come to my attention that several home inspectors are being tested under Consumer Law, to which I have highlighted particular sections in yellow below.  


Is a national unfair contract terms law covering standard form consumer and small business contracts;


  • a national law guaranteeing consumer rights when buying goods and services;

  • a national product safety law and enforcement system;

  • a national law for unsolicited consumer agreements covering door-to-door sales and telephone sales;

  • simple national rules for lay-by agreements; &

  • penalties, enforcement powers and consumer redress options

  

The ACL applies nationally and in all States and Territories, and to all Australian businesses. For transactions that occurred prior to 1 January 2011, the previous national, State and Territory consumer laws continue to apply.  


The ACL is administered by the ACCC and state and territory consumer protection agencies and is enforced by all Australian courts and tribunals, including the courts and tribunals of the States and Territories.  


For many years such Law never entered my mind set as a home inspector until recently when a few Lawyers started referencing this Law.  


As a licensed builder now for over 54 years I always used and followed the NSW Home Building Act and the NCC being the hierarchy of legislation for the residential construction industry.   This Act and the NCC has NO part whatsoever in the home inspectors role.  


Some home inspectors try and enforce compliance on the properties they inspect only to be told and find out that AS4349.1-2007 IS NOT a compliance report.  


The contracts used by these home inspectors is where the trouble begins as the wording creates an unrealistic expectation by their clients, the purchaser’s, only to find out a claim is being lodged under sections in Consumer Law and the ‘Statement of original Claim’ is based on their words, “ I thought I was getting….?” Only to be shocked later when receiving the reporting by the home inspector.   An example of this is as follows:


  1. My floor is out of level

  2. The wall to my shower has high moisture content

  3. The timbers on my veranda are rotting

  4. The window locks do not work, etc etc……


So! How do we all stop this crap from happening?   A lot of you will remember our training and in such training we spoke constantly about Contract Law!   Acknowledgments are the key to STOP Consumer Law from attacking you and your business services.  


ALWAYS in ALL WAYS take plenty of photos and ensure the client has read and understood your contract and final reporting document.   It makes no difference what you say in your contract as long as what you state, you actually carry out and do not carry out, make this fact clear and your clients WILL NEVER and CAN NEVER doubt you.


So! How do we all stop this crap from happening?   A lot of you will remember our training and in such training we spoke constantly about Contract Law!   Acknowledgments are the key to STOP Consumer Law from attacking you and your business services.  


ALWAYS in ALL WAYS take plenty of photos and ensure the client has read and understood your contract and final reporting document.  


It makes no difference what you say in your contract as long as what you state, you actually carry out and do not carry out, make this fact clear and your clients WILL NEVER and CAN NEVER doubt you.

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