Last Updated on 03/03/2026 by Damin Murdock
In this article, we discuss how to prove a building consultant has been negligent in preparing a pre –purchase inspection report. In Maurer v Seabrook Pest Control & Seabrook (General), the Applicant sought compensation of $17,627 for the failure of the Respondent to properly conduct a pre –purchase inspection report. The application asserted that the Respondent failed to identify several defects within the home, with the most significant of which related to the roof.
It was held that to succeed in the claim, the applicants must establish that:
- there were defects in the roof at the time of the inspection, and that the report should note the same;
- to recover compensation, the applicants must prove that there is a causal link between the failure to report the defects and the losses suffered by the applicant; and
- the correct measure of compensation is determined by the loss of opportunity that the applicants would have had to raise the issue with the vendor at the time of the purchase and either withdraw from the sale, or negotiate a better purchase price.
Tips
If you believe your building consultant has been negligent in the preparation of the pre –purchase inspection report, you are going to have to engage an expert to prepare an export report. When choosing the expert, make sure:
- you ask the expert the right questions to prove your case;
- the expert is preparing the report in accordance with the CTTT code; and
- the expert has sufficient expertise to be an expert.
Feel free to contact Damin Murdock at Leo Lawyers via our website, on (02) 8201 0051 or at office@leolawyers.com.au. Further, if you liked this article, please subscribe to our newsletter via our Website, and subscribe to our YouTube, LinkedIn, Facebook and Instagram. If you liked this article or video, please also give us a favourable Google Review.
DISCLAIMER: This is not legal advice and is general information only. You should not rely upon the information contained in this article, and if you require specific legal advice, please contact us.
Damin Murdock (J.D | LL.M | BACS - Finance) is a seasoned commercial lawyer with over 17 years of experience, recognised as a trusted legal advisor and courtroom advocate who has built a formidable reputation for delivering strategic legal solutions across corporate, commercial, construction, and technology law. He has held senior leadership positions, including director of a national Australian law firm, principal lawyer of MurdockCheng Legal Practice, and Chief Legal Officer of Lawpath, Australia's largest legal technology platform. Throughout his career, Damin has personally advised more than 2,000 startups and SMEs, earning over 300 five-star reviews from satisfied clients who value his clear communication, commercial pragmatism, and in-depth legal knowledge. As an established legal thought leader, he has hosted over 100 webinars and legal videos that have attracted tens of thousands of views, reinforcing his trusted authority in both legal and business communities."
