I purchased a unit in Cairns 6 months ago. The contract of sale clearly said there was an A/C unit in the property but it actual fact there was none.
When I pointed this out to the sellers agent he said he would put one in (the agent that is).
Anyway the sale went through and I called the agent to see where my A/C unit was. I was was informed that the Agent had left the RE in question.
I called the agent on his mobile and he said that he had the a/c unit but needed Body Corp. approval to install the unit in the wall of the Unit.
After some weeks, the Body Corp. gave its approval but when both I and my PM called the agent he just kept giving excuses.
So I called his previous employer (the RE Agency on whose behalf he sold me the property). They are saying that its not their problem.
What should I do as the Contract clearly states that the property did contain an AC. I am considering legal action against the Real Estate.
Hi Marty
What’s the value of an installed split a/c? Maybe $1,500 max. How many thousands is it going to cost you to litigate? My guess, many thousands.
My suggestion, put it down to experience and move on having learned a lesson to check that all sale clauses have been satisfied before you settle on your next property, i.e. you had the opportunity to act prior to settlement but after that, considering the reaction you’ve got from all concerned, litigation seems your only avenue. And when you really look closely at this “avenue” the cost/reward analysis doesn’t look good.
Good luck with your next 50 settlements
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi Marty,
Notwithstanding Paul’s comments about cutting your losses and moving on – which in some respects may be the easier thing to do in the long run.
Nevertheless I am curious as to why you are pursuing the agent when it is the vendor who signed the contract with AC included. It would seem to me that this is your best avenue of recourse. The agent only facilitated the transaction the vendor agreed to terms and conditions.
Derek
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http://www.pis.theinvestorsclub.com.au
0409 882 958I ensure I take lots of photo’s of the property when visiting it and decide to put in an offer.
I look through these when doing the final inspection and that is the point of the final inspection- to make sure you are happy with everything.
I turn lights on, flush loos, try all taps yada yada..but walk away with a listof things that need attention or walk away happy
Sometime you find the vendor does silly things like swap a shower rose (? dunno..maybe the house they moved to had a broken one).
The longer you leave issues like the A/C scenario the harder it will be for you to get it resolved IMO.
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