Hello
We have a problem with the Pre Settlement Inspection to a property we are going to settle in 4 days time.
A reticulation system on a part of the property is not functioning automatically and has to be turned on manually by turning a knob on a solenoid in the ground.
We want it fixed by the vendors on the basis it is not doing what it is supposed to do. The RE Agent (who is obviously protecting the vendors interest) says it is in ‘good working order’ and that is the law.
Any advice out there on how far I can push the vendor to come to the party or hold back an amount at settlement.
Much appreciated.
LizardKing
Hi LizardKing,
I guess it depends on what was in your contract. Don’t know about WA but in Victoria, unless specifically stipulated, you are buying “as is” and any repairs etc are done at the discretion of the vendor.
You can push for “I won’t settle unless this is repaired” and they may even accommodate by repairing same to THEIR satisfaction rather than yours. I’d be wary of hair-splitting because it can be seen as a ploy to delay settlement and you could be up for penalties for doing so.
However, a system which is SUPPOSED to operate automatically but that has to be manually started is a fair grievance.
Personally, I would approach your solicitor immediately (forget the REA he is a selling agent not a legal professional) and advise him/her of the problem in which he/she need to have addressed with the vendors BEFORE you settle. If there is insufficient time to repair the problem, you may be able to negotiate alternative arrangements including holding back some money.
Cheers,
Jo
Hi Lizard,
Is it worth it?
One solenoid = $20 – $30 + a bit of labour.
Don’t sweat the small stuff [biggrin] in the grand scheme of things a solenoid is nothing.
Derek
[email protected]
0409 882 958
Property investment advice and researched property in quality locations available.$30 + a bit of labour, really??? [blink]
Thanks Derek (trust you) [tongue]
Heck if that’s the case, LizardKing may I suggest you shake the vendors hand on settlement day, tell them it’s their shout for a counter meal at the local pub and take that as payment in full!!! [biggrin]
And as Derek said “don’t sweat the small stuff” [whistle]
Cheers,
Jo
In NSW anything fair wear and tear does not need to be repaired between your initial inspection and pre settlement einspection – that’s how my solicitor explained it.
I was trying to get some floor damage repaired which was caused accidentally the week before settlement.
Cheers,
Simon Macks
Finance Broker
[email protected]
0425 228 985Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.
Hi Jo, Derek and Simon
Many thanks for your views,opinions and advice on this issue.
The REA seems to think like Derek – not to sweat on the small things in life[biggrin], saying ‘You get back what you give in life’. I do not know where the connection is. I said, ‘This is an IP and I am looking at it from a business case’.
Anyway, the following events unfolded today.
1. REA says Vendor/Sellers ‘don’t want to know about it’ and she is offerring $100 from her commission to fix it!
2. Rang the Real Estate WA (REIWA for those of you in the Wild West) and they basically said, ‘Bull<edited>’ – the vendor has to fix.
3. They advised I hold back ‘a sum’ at settlement to fix the problem.
4. The vendors are now refusing me right of entry to get a Retic Co to go in and qive a quote.
5. Trying to get legal advice – which is around $270 +GST per hr from a legal firm. This cost might in fact fis the problem and keep everyone sweet. You know what I mean? I do not know if yuo believe in people’s curses, but from where I come, folks it is said to have a profound meaning.
And I do not want any of it from anybody with this IP or anything else.
6. Oh yes, I was advised by Consumer Protection I could delay settlement by 3 days in an attempt to resolve the ‘impasse. Trouble is I have tenants lined up to move in the next working day (Settle 25/2; Tenants in 28/2) and they have advised their removalists to have their container from the UK to arrive at 8:00 am at the property.So in a bit of a fix, folks. Push it on a ‘matter of principle’ and have moral victory or heat humble pie and settle for a beer at the pub to drown my sorrows!
Ever heard someone say, Discretion is the Better Part of Valour???!!!
Muchos Gracias once again and Adios
LizardKing
PS: Next time any of you sign a Contract for Offer of Acceptance, do so only after you have checked all and insert as Special Conditions if you think something needs fixing. It could also give you bargaining power.
Originally posted by LizardKing:
Next time any of you sign a Contract for Offer of Acceptance, do so only after you have checked all and insert as Special Conditions if you think something needs fixing. It could also give you bargaining power.Yes Sir-ee, I’ll be sure to do that; thanks for the heads up!!! [grin]
LK,
My philosophy has to always keep the lawyers and solicitors out of it and everything shall be OK.
Before you know it Seller and Buyer will be countersuing each other and slapping caveats on titles over a $ 20 retic widget. At the rate quoted of 270 + GST, the part is worth 4 minutes of lawyer time.
As one of the senators was quoted off ‘GI Jane’, “Can we forget about the peas and concentrate on the steak ?”
Cheers,
Dazzling
“Go hard or go home”
Take the $100 from the agent and put it down to experience [cap]
Sounds like a very small issue and one which you may well regret should you try to fight it.
The negative energy being created will be detracting from your real life and also bogging your mind down!
Move on but don’t forget the lessons learnt is my advice.
All the best,
Simon Macks
Finance Broker
[email protected]
0425 228 985Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.
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