Just had my property settled today.
In our contract with the vendor, we added two additional clauses
1. Vendor to provide the property in a clean condition.
2. All appliances , fittings should be in working condition.
However, during our final inspection, (two days ago), we found the house is very dirty, a few lights are not working. The garage side door came out completely. The wall behind the fridge is even not finished (no panting, ), . We raised these issues to our solicitor. He suggested us to not stop the settlement, but settle under protest. the solicitor also faxed a list the defects to vendor's solicitor for those issues to be fixed post settlement.
Now, the settlement is completed, the solicitor had his money, the vendor has their money. When I asked how about the issues. Vendor said the cleaning condition is ok with his satisfaction, and working condition means the electrical circus is functioning not necessarily mean all the lights will be on, and tight bulb can give up any time.
Where is the justice?
What should we do now? Please help!!
Cleaning is a matter of interpretation. Light bulbs are consumables. Paint behind the fridge is something you missed. I'd say tough luck and move on.
Wish I had a $100 for every dirty rental we've moved into that should have been cleaned.
Garage side door – fix it and send them the bill. When they don't pay lodge a claim with the small claims court.
We bought a house with a nicely painted grey bedroom. Problem is they had a water bed in the room which they painted around. Nice deep purple in that corner. Matched the paint at Bunnings and fixed.
As Freckle said- you missed it so you can't claim.
the inspection is to check that it's in the same condition as when you bought it, not to find the faults.
Was the door fine when you inspected it? Can you prove it?
OK Just read. Settled. What to do now. Move on. These are very small things. I've leaned to not sweat the small stuff otherwise property investing is not for you. Spend a few hours cleaning and enjoy your new home.
Did I miss that there was no toilet paper left on the roll either?
Hi
Can you get a remedy under law? Sounds like a yes on the facts provided.
Is it worth pursuing if they are not forthcoming? Unlikely, legal costs would be more cost than fixing it.
Your solicitor advised to settle, so see what their estimates of costs are to pursue.
Sometimes it is easier and cheaper to forget it and move on even where the other side was clearly in breach and should remedy. In principle it sounds like they should pay up, you just need to way up the financial, time and emotional cost of chasing them for it.
Good luck
D
RPI | Certus Legal Group / PRO Town Planners
http://www.certuslegal.com.au
Email Me | Phone MeProperty Lawyer & Town Planner
a question of legality – do sellers have to let the buyers know of any appliance that is not working? For example, the reverse cycle aircon external/internal unit is dead, the oven stubbornly refuses to turn on, one of the hot plates is no longer hot no matter which knob is turned on, a broken knob etc..
I think you just need to move on and fix it yourself. The settlement has happened already. Legal remedies will cost you more than just fixing it yourself.
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