Hi All,
We are due to settle on an empty property on Thursday 1st October. It is our 3rd investment property and we have bought it off an investor. We had a finance clause and waited until we were unconditional to ask Agent if we can have access for 1 hr on two days, during the weeks prior to settlement so that we can show through prospective tenants and secure a tenant who would be able to move in the day after settlement (optimal outcome for us). Prior to going unconditional The agent verbally stated that she thought the sellers would be open to this, I also asked if it was ok to use the photos from the listing and she verbally stated that she didn’t see a problem with this. (Mistake on my part not to get it in writing).
Since the sellers are also investors I didn’t foresee this to be a problem. To my surprise, it apparently was. I questioned the Agent about this as we had been the first ones through this house the day that it listed (Friday) and we had made an offer on that day also. To my knowledge there may have only been one other showing before our offer was submitted to the sellers and accepted on the Monday. So the sellers have had minimal people through the house, the agent has had to do minimal work and (I would assume) everyone is happy.
I could not understand why there would be a problem showing prospective tenants through, we are an unconditional sale and the agent would be there? The agent said the Sellers and that the sellers didn’t want us to have pre-settlement access / early access. I explained that we didn’t want the keys handed over just an hour on two separate days to shows tenants and that was no different to people entering during a home open??
The Agent agreed to do the termite inspection and pre-settlement inspection at the times that I had wanted to show the house and if others were there that was beyond her control.
So we had one person view last week during the termite inspection and we had 4 organised to view this Sunday 1:30pm along with the pre-settlement inspection at the same time and everything is organised for settlement on Thursday 1st October.
Until I get a text message from the agent this afternoon stating that the sellers have seen our ad and they are not happy with the house being advertised before settlement and to remove their photos and lastly that the pre-settlement inspection will have to be moved to another time.
So I am really a bit shocked and annoyed. Firstly I do blame myself as I didn’t write these requests into the contract (I felt why bother until we have finance) but I also feel like the agent has been lazy/not a good communicator and I don’t understand why the sellers would have an issue with these things?
Maybe they have the issue because the agent has not communicated our questions properly to them?
I have not responded to the Agent yet. I would still like the outcome that includes us being able to show prospective tenants through on Sunday and then settle on Thursday.
What reasons would exist that they would not allow us the hour on Sunday to show people through?
I would really appreciate any feedback / ideas in regards to how you would approach this hiccup.HI Azalia, cool profile pic!
I think the issue is here that the agent doesn’t work for you, they will attend an empty property to allow the basic opens and inspections, but having them go on other occasions for your benefit probably isn’t high on their priority list. The only way I could see around it was to negotiate a license to occupy at the time of the deal, so you could have the keys and access without involving the agent each time.What if someone slipped and injured themselves? The vendors would be exposing themselves necessarily.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If the sellers aren’t happy – then I’d pull the ad and wait until you settle. It’s probably just a case of the agent not keeping all parties informed (which isn’t the first or last time a real estate agent has been guilty of that!)
Cheers
Jamie
Jamie Moore | Pass Go Home Loans Pty Ltd
http://www.passgo.com.au
Email Me | Phone MeMortgage Broker assisting clients Australia wide Email: [email protected]
Thanks Dan, Terry & Jamie,
Dan, yes I agree with this. This Agent says one thing but does another. I brought a gift to the first (only) viewing to acknowledge her help and thank her for making it possible. Obviously it was not a good enough gift? or it made her realise she didn’t have to do it..? oops.
Terry, I had considered the slip & injure but the property is self strata and as such has the appropriate building and public indemnity insurances, plus I have landlord insurance from unconditional.
Jamie, I guess I have to cop this one on the chin and pull the ad!
Thank you all for sharing your thoughts.
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