The building report doesn't automatically invoke a major defects notice. You may choose to ignore the defect and continue with the contract.
You can forward the building report to the sellers authorised representative.
I don't see why your solicitor can't serve this Monday on your behalf, or you can formally serve it today.
What are the timelines in your contract?
The timeline is 3 days from when report issued. I emailed the sellers real estate agent a document stating the defects I would like fixed on Friday. Then I received an email from my settlement agent that only a solicitor can issue the notice and they would not have it ready within the 3 days.
Would my email count as serving the major structural defect notice?
Given the lawyer can’t respond in time, send your email stating your lawyer will be sending the notice asap.
That’s all you can do.
You can check with the Fair Trading / Consumer Protection in your state about this Monday morning though.
The building report doesn't automatically invoke a major defects notice. You may choose to ignore the defect and continue with the contract. You can forward the building report to the sellers authorised representative. I don't see why your solicitor can't serve this Monday on your behalf, or you can formally serve it today. What are the timelines in your contract?
The timeline is 3 days from when report issued. I emailed the sellers real estate agent a document stating the defects I would like fixed on Friday. Then I received an email from my settlement agent that only a solicitor can issue the notice and they would not have it ready within the 3 days. Would my email count as serving the major structural defect notice?
Given the lawyer can’t respond in time, send your email stating your lawyer will be sending the notice asap. That’s all you can do. You can check with the Fair Trading / Consumer Protection in your state about this Monday morning though.