Last Updated on 03/02/2026 by Damin Murdock
In our article titled How to select a building consultant to prepare a pre –purchase inspection report, we reviewed the legal position that a home owner can recover damages where a building consultant has been negligent in preparing a pre –purchase inspection report.
In this article, we discuss how to prove a building consultant has been negligent in preparing a pre –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 a number of 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 same;
- in order 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.
If you have any questions in relation to this article, please contact Damin Murdock at Leo Lawyers on (02) 8201 0051 or at office@leolawyers.com.au.
DISCLAIMER: This article is not to be taken as legal advice and is general in nature. If you require specific 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."
