115A Normandale Road 115a Normandale Road | Page 63

The provision of the guarantee does not remove the responsibility of the real estate agent or owner to disclose any defects known by themselves prior to sale, or before Building Science Ltd’s inspection on site. If Building Science Ltd was to test the dwelling and not discover areas of defect or failure known to the vendors and / or their “agents”, the provision of the guarantee has not provided a “clean slate” for non disclosure, of matters they have been aware of but have failed to disclose. Nor has the Building Science Ltd’s test results form a new disclosure for the house, but instead is seen as a verifiable reflection of the test data recorded on the time of inspection. Moisture levels rise and fall continually throughout the day, and results are a product of timing as to when the dwelling is tested. Not all conditions will present while an inspector is onsite, and it is accepted by any new owners and their “agents”that things may well exist which are beyond detecting, and it is recognised that this a risk of ownership that any new purchaser must accept. As are “acts of god” that have not yet occurred, but are statistically likely to, at some stage in the future.