All Topics / Help Needed! / Fallen Fence

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  • lobboroz
    Participant
    @lobboroz
    Join Date: 2005
    Post Count: 2

    Hope this is the right place to ask this question. We have recently purchased a property which is due to settle in late april. We just drove by the other day and noticed that the front section of the side fence of the property has fallen. Dont know why we didnt notice it we must be blind but it was behind some big bushes and trees. Dont know if it just happened or has been like that for a while. I was just wondering does this mean i will have to cover the cost of fixing the fence? or is it the vendors? First property we bought so sorry if some of the lingo i used arent correct :)
    Thanks in advance

    Profile photo of Don NicolussiDon Nicolussi
    Participant
    @don
    Join Date: 2005
    Post Count: 1,086

    Hi,

    Depends if it was like that when you exchanged or if the condition of the property has changed. ie are you getting something now that is different than what you contracted to purchase.

    Maybe it is something that the vendor could make an insurance claim on and fix it before settlement. eg. maybe it blew down in a storm or some thug pushed it over. Just a thought.
    .
    Good luck.

    Don Nicolussi | Property Fan
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    Learning, having fun and doing it!

    Profile photo of MonopolyMonopoly
    Member
    @monopoly
    Join Date: 2004
    Post Count: 1,612

    Hi Lobboroz,

    Basically it is up to the vendor’s discretion. You could approach the selling agent and ask him/her to discuss it with the vendor to see if they would do something about it prior to settlement, but ultimately if they say “no” then it will be yours to deal with.

    The other possibility may be to say something at the final inspection just prior to settlement, whereby at this time, you can try arguing that the fence was upright at the time of signing the contract of sale (and who knows if it was prior to those big storms we had, you may just get away with it).

    It’s worth a try, but at the end of the day, unless stipulated specifically in the contract of sale, you are generally buying “as is.” [blush2]

    Cheers,

    Jo

    lobboroz
    Participant
    @lobboroz
    Join Date: 2005
    Post Count: 2

    ok thanks for the reply guys. I dont remember seeing it down when we inspected it the 2 times but then again that part of the fence was covered by big bushes and trees and we never saw the property from that side even if we did it was still kind of hidden.
    While the agent was explaining the contract to us he did say something about this part of the contract just means that the property doesnt have any issues such as neighbours wanting any money for fence fixing etc…so i just thought they might be liable for cost of the fence. Anyways hopefully when i bring it up in the final inspection they will fix it else we’ll just live with it :)
    thanks again guys
    ps i know IP = Investment Property but what is PPOR? tried looking through the fax for abbreviations but couldnt find any.

    Profile photo of MonopolyMonopoly
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    @monopoly
    Join Date: 2004
    Post Count: 1,612
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