The standard contract used in Western Australia doesn’t make any provision for termite or timber pest inspections, meaning that properties are bought at the buyer’s risk.

Many contracts include a special condition or annexure that gives the buyer rights to obtain a timber pest inspection report. If the contract includes a clause relating to timber pests, the seller may be required to treat the termites and repair any damage. If they do not do so, the buyer may be entitled to compensation or to terminate the contract.

In some cases buyers are entitled to compensation only if the termites are found in the main residence, not in a shed or trees.

It is important to look at your own contract to determine your rights.

If you have concerns about your rights and obligations relating to termites, we recommend that you seek legal advice as soon as possible. Strict time limits may apply, so seek advice as soon as you identify a potential issue.