04/09/2026
Storm damage on homes under offer – where do you stand?
Winter in Perth often brings icy mornings, hail, thunderstorms and strong winds, and the WA Day long weekend storm was a reminder of how quickly severe weather can cause damage. For sellers, preparing for damage to homes, fences, gardens and trees is important, but what happens if your property is under contract when damage occurs? Clause 8 of the Joint Form of General Conditions addresses risk. If the property becomes uninhabitable or a building is unusable compared to its condition at contract date, Clause 8.3 requires the seller to notify the buyer. Legal advice is often needed in these rare cases to ensure both parties understand their rights and obligations. For minor damage, Clause 9.1(f) applies, requiring the property at settlement to be in the same condition as immediately before the contract date. For example, if a fence is significantly damaged, the owner and neighbor must repair or replace it within a reasonable time. These provisions ensure both parties are protected when unexpected weather events occur during a sale. Sellers should be aware of their obligations, buyers should understand the protections in place, and both should seek advice if damage impacts the property before settlement. Severe weather is unpredictable, but clear contractual rules provide certainty, help maintain fairness, and ensure transactions proceed smoothly even when nature intervenes.
-Source REIWA
