I had my settlement today and after collecting the keys from the agent I go around to my property to notice that the previous owner is still moving out. I then contacted the agent who was shocked, eventually we come to an agreement that they need to have their stuff out by the next day (day after settlement).
I am now concerned that either they won’t have their stuff out of the house or they will leave the house in a mess. Since settlement is already happened what are my rights if they leave the place in a mess?
Any advice on what I should do? Thanks,
wow. isnt that trespassing?
Your contract says vacant possession?
Change the locks, tonight!!!1
You would have been entitled to one inspection just before settlement. How come you didn't notice the former owner then?
the seller actually still has three days to move their stuff after the settlement day.
and no much you can do about.
I had same situation before in WA.
Yes I think it is tresspassing if they are in your property without your permission. You should have done an inspection before settlement and refused to settle. It can be a pain to try to get them out if they refuse to move, so better try to keep on good terms.
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
WA practice may be different. In NSW they should be completely out before settlement otherwise they are not in a position to give vacant possession and are unable to fulfil the contract. As conveyancing is a state rather than commonwealth matter and each state has its own rules, if someone is after assistance it will be much more meaningful for them if they specify the state the property is in
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