13/08/2026
A recent Queensland decision highlights why buyers should treat a pre-purchase building and pest inspection as more than a box-ticking exercise.
In Hammer v Colquist [2026] QCAT 358, the buyer obtained a building and timber-pest inspection report before purchasing a home. The report stated that the property was in good condition overall and identified no major defects or structural concerns.
Several months later, work at the property exposed severe rot and decay in a structural balcony support beam. Repair costs of $17,595.26 were incurred.
QCAT accepted that the full extent of the damage may have been concealed until the cladding was removed. However, the Tribunal found that visible bowing and bogging in the balcony should have alerted a competent inspector to a potential problem and prompted a recommendation for further investigation.
The inspector was found personally liable in negligence on the particular facts of the case. QCAT ordered payment of $17,595.26 for the repairs, together with the $395 application feeโa total of $17,990.26.
What should Queensland property buyers take from the decision?
Before engaging an inspector, confirm that the person and contracting business are correctly licensed. Read the inspection agreement carefully, understand its limitations and ask which areas will be inaccessible or excluded.
Once the report arrives, do not focus only on whether the property โpassedโ or โfailedโ. Look closely at every limitation, obstruction, warning sign and recommendation. If the report suggests further investigation by an engineer, plumber or another specialist, obtain that advice before your contractual deadline expires.
A building and pest inspection is not a warranty against every concealed defect. It is one part of the legal and practical protection available to a buyerโand its effectiveness can depend on the wording of the contract and the action taken after the report is received.
Gold Coast City Solicitors provides experienced Queensland conveyancing and property-law advice informed by the latest legal developments.
Contact our property team before signing a contract, or before your building and pest condition expires:
๐ (07) 5592 6999
๐ https://www.gccsolicitors.com.au/
General information only. This post does not constitute legal advice. Each transaction and dispute depends on its particular contract, evidence and circumstances.
