Bought a House and after Settlement Found out Dishwasher Not Working

LRosegum on 24/08/2015 - 21:38

Hi guys,
Much appreciate if you can give me your opinion regarding this matter as I am the first home buyer and buying process was quite new to me.

That is I bought a house, moving in and finding out the dishwasher was broken. I rang the previous owner ( met him when I came and inspected the house and we exchanged our phone numbers. He and I worked at the same place before just a few times since he left the job). I asked him about the dishwasher and he told me it was broken and advised me to get someone fixed it up or buy a new one. I asked him why didn't you let me know of this problem before and he said that because I didn't ask him.
I was angry and told him it was so unfair because on the advertisement of selling the house your agent listed kitchen including dishwasher. And I told him I didn't agree and accused him of telling lies but he kept saying that because I didn't asked him.
He told me that he didn't have time to argue with me as the dishwasher was very cheap about 300 dollars and I replied that this was not the matter of money but the trust and attitude. If he advised me of this issue before I still bought the house. Then after the conversation he said he's not going to do anything and that was my fault as I didn't ask him.
I rang the agent after that and to his surprise he told me that the previous owner never advised him of this problem before and he thought it was working. He said he'll ring the Previous owner(he's Chinese) and contact me Asap. After 10 days of waiting I rang the agent again and he said he hasn't heard anything from the owner yet.
So, what should I do in this case? I'm in Victoria.

Thank you very much for your reply and I hope I can do something to let this Chinese man knows that he can't behave in that way.

Home & Garden

Comments

  • chumlee on 24/08/2015 - 21:43
    +24

    If it wasn't working when you put the deposit down then previous owner is under no obligation to repair it as it's in the same condition today as before.

    • DARK KHAOS on 25/08/2015 - 07:32
      +11

      You are correct. If you had a building inspection done and the contract was subject to building and pest, you could have negotiated a discount or end the contract. Just shout yourself a new one and move on.

    • spaz84 on 25/08/2015 - 15:09

      thats not true, under the contract you list items included in the house. If the dishwasher is listed then the expectation is that it is a working dishwasher.

      • DARK KHAOS on 25/08/2015 - 15:13

        That is not what I replied to. Has the comment been edited :/

      • edgar28 on 25/08/2015 - 17:02

        yes, if the buyer put the dishwasher as working order IN THE CONTRACT, which most people did not put in as condition.

      • [Deactivated] on 26/08/2015 - 09:32

        This is correct. Generally the contract should specify items that could be removed such as the dishwasher, so you don't move into your new house and find everything ripped out.

        • plague69 on 30/08/2015 - 11:32

          Only need to say if counted as fixture. If not, then it just counts as them leaving rubbish. No different from leaving a non-functional bar of soap.

        • SlickMick on 30/08/2015 - 12:40
          +1

          @plague69:
          takes up more room in wheelie bin

      • jellykingdom on 27/08/2015 - 10:16
        +1

        That is my expectation as well…it was listed as an Inclusion so it should be working when you get it

        I had similar thing happen when i moved in and found the stove didn't work….but i just accelerated my kitchen renovation by 6months, so I didn't argue about it any further

        • plague69 on 30/08/2015 - 11:35

          Yes, if not working, there should be disclosure. Best thing is to discuss with agent and vendor to replace or repair. Just keep in mind they all parties might need to take a step back

    • lousy on 25/08/2015 - 22:41
      +33

      You bought a house worth hundreds of thousands and you want to take someone to court over a dishwasher worth a couple hundred ?? While you are at it did you mention the broken tile on the roof, the loose toilet hanger , the dirty windows and the unmowed lawn? Buying a home is buyer beware. It's your responsibility to inspect the home as is and agree to buy it in that condition. It is not a brand new home I assume which you may have a leg to stand on.

      • REDRUM on 26/08/2015 - 20:09
        +1

        I agree, besides, who would want to use someone else's dirty old dishwasher? For all anyone know's, he might have been using it to wash his underwear, car parts, toilet brushes, rugs, who knows! ;)

        • Jackson on 29/08/2015 - 09:47
          +1

          Any renter

        • plague69 on 30/08/2015 - 11:36
          +1

          An old dishwasher+greasy car parts = omg so good. You don't know unless you've tried :P 2nd best thing vs ultrasonic cleaner

  • Diji1 on 24/08/2015 - 21:51
    -6

    I am a qualified e-lawyer meaning I know absolutely nothing … but surely in my e-lawyerin opinion if a dishwasher is listed then that's a breach of contract on the previous owners part and he can be sued to recover any monies used to restore it to a working condition.

    I would ask a lawyer and not random strangers on a internet forum though, that's just me.

    • [Deactivated] on 24/08/2015 - 22:18
      +13

      are you Lionel Hutz??

      • [Deactivated] on 24/08/2015 - 22:35
        +28

        I'm not a lawyer, but I play one on TV. Hi, I'm actor extraordinaire Troy McClure. You may remember me from such television legal dramas as Law & Out-of-Order: Lies, Trust and Attitude and Matlock: The Case of the Inconvenient Kitchen Convenience.

      • tarulov3 on 25/08/2015 - 14:27
        +13

        Ow jeez poor ol' Gil never gets a mention, played the role of a lawyer once too…

        • PVA on 25/08/2015 - 17:56
          +1

          haw haw!

    • plague69 on 30/08/2015 - 11:38

      What's an e-lawyer? One without a real licence to practice?

  • chumlee on 24/08/2015 - 21:57
    +18

    How much should someone spend in legal fees on a used dishwasher? Seems a waste of money.

    • Diji1 on 25/08/2015 - 16:37
      -6

      Why how much does it cost to lodge a civil complaint? It's not like you need a lawyer to turn up for this as far as I know and it's simple: a dishwasher was listed and it's not working. There's the agent who may support the claim.

      • chumlee on 25/08/2015 - 16:45
        +4

        You wrote for the OP to see a lawyer thus my comment.

        • plague69 on 30/08/2015 - 11:39

          Hey, e-lawyers have to eat too

  • nocure on 24/08/2015 - 21:59
    +71

    You have just bought your first house …enjoy the moment of being a home owner…forget the dishwasher.

    • [Deactivated] on 24/08/2015 - 22:19
      +24

      that wont be the only surprise you will find.

      i guess if you didnt ask he didnt tell.

      • Rosegum on 24/08/2015 - 22:25

        You scared me. I don't want to get anymore surprise:)

        • [Deactivated] on 25/08/2015 - 02:11
          +1

          close your eyes.

          did you do a building and pest inspection prior to purchase?

        • nikey2k27 on 25/08/2015 - 11:23

          if said in contact you can sue for it.

        • timohill on 26/08/2015 - 09:09
          +2

          I had plenty of surprises… wait 'til it rains a lot, or if you need a plumber on Austrlia Day within the first month. If a cheap dishwasher is the only thing wrong, then you're doing pretty good. Suck it up and smile.

        • dealman on 27/08/2015 - 11:47

          Dude, I think you are getting too worked up about a small problem, I know its about principle and how you feel.

          I was the same way, but just think that you are spoiling your experience of buying a 450,000 $ HOME, because of a 450 $ dishwasher.

          He might have duped you and you may be right but is it worth the hassle and the heart burn, the more you fight this issue every time you walk into the house you will think and remember this Stupid Dishwasher.

          Just move on and let it go… Don't sweat the small stuff.

      • nocure on 24/08/2015 - 22:26
        +1

        https://youtu.be/q2rVcxkbIQc

        • subywagon on 25/08/2015 - 00:20
          +1

          ^^ Beat me to it :P

    • dasher86 on 24/08/2015 - 22:20
      +3

      I'm surprised you didn't test the dishwasher on pre inspection.

        • dasher86 on 24/08/2015 - 22:38
          +9

          Congrats on your purchase.
          I purchased my first home recently as well. Before doing so I spent considerable research and inspected my property a couple of times. I downloaded a pre inspection checklist and ticked all the boxes.
          You never no what you are going to get when you purchase a property. You agree to accept it in full and whole and the condition of the fixtures and fittings.
          Not doing a proper inspection is like buying a second hand car without test driving it.
          It's a small loss though, enjoy your first home.
          P.s. my dishwasher recently broke it was working when I bought the place:(

        • [Deactivated] on 24/08/2015 - 22:39
          +2

          Think of this as a cheap lesson - never assume when money is at stake :)

        • Rosegum on 24/08/2015 - 22:42
          -1

          Wow, I'll keep this in mind when I buy my second property within next 30 years:)).
          Yes, small loss and the joy of owning a home will outweigh definitely.
          Thanks for your sharing.

        • Rosegum on 24/08/2015 - 22:43

          To Thrift: thanks actor:).

        • fusion17 on 25/08/2015 - 17:51
          +1

          @dasher86:

          It's pretty damn hard to test everything.
          Thats like paying 95% of the auction deposit fees normally, and the rest in 10c pieces - pretty sure no where in the bidding contract would it say you MUST pay in denominations greater than x, but they likely wouldn't accept it.
          Not the best example, but you get my point.

          My friend recently bought a place and had an inspection done which cost the usual ~$300.
          After settling etc, she realised while the cooktop worked, it wasn't heating. Considering its induction, are you supposed to take a cast iron frypan to test that too?
          The contract listed a cooktop, and so it should be taken as in reasonable working order, surely.

        • dasher86 on 26/08/2015 - 09:57

          @toshin:
          It is pretty hard to test everything.
          hence why i mentioned a pre inspection check list. it goes through common things to test.
          as per OP only quickly inspected it - it takes 1 min to turn on a dishwasher to hear it function and lights go on - i'm guessing they didn't even to that.
          As for your friend bringing an induction fry pan is a bit excessive i agree. it's unfortunate that it didn't heat but showed all signs of working. these things happen but none-the-less testing things is still a good idea.
          I spent probably less than an hour testing things in my inspection.

          If the contract lists a cooktop the ordinary person would assume yes it must be working order (grey area). however in Australia it is still up to the buyer to identify any defects before settlement.
          Once again i refer to purchasing a second hand car. it is up to the buyer to identify any mechanical defects before purchase.

        • windrc on 28/08/2015 - 19:51

          LOL

    • Amaris on 24/08/2015 - 22:28
      +110

      Why did you mention that he was Chinese? Are you implying that the Chinese are more dishonest than the typical Caucasian (or other ethnic group) Australian?

        • Amaris on 24/08/2015 - 22:50
          +48

          So did you mention that he was Chinese so other 'Chinese' people could learn from this and not act in the same manner towards non-Chinese people? Did you register on OZB just a little before your rant so that you could help other Chinese people behave properly?

          I've never sold houses but have bought….my solicitor advised me when I bought that it was up to the buyer to make sure everything is in order. That is why we do structural and pest reports and have inspections. The seller has to answer questions honestly and on settlement give the house over in the condition that it was shown. It would have been good if he was upfront about the defective dishwasher but if you did not ask he did not have to tell!

        • mskeggs on 25/08/2015 - 07:22
          +72

          @Rosegum:

          Just to be crystal clear, because some people seem to have difficulty, singling out this gentleman's ethnicity is racist, and you are making racist comments. I am very surprised you don't know honest Chinese people with high integrity, as I certainly do.
          Much like behaviour of people all round the world, some Chinese individuals may behave dishonestly or lacks integrity.
          It does you no credit to claim that this person's behaviour reflects on other Chinese people.

          Perhaps you feel dishonest yourself, knowing there are many Australian villains. Would you be happy with people in another country assuming you are dishonest because there have been plenty of Australian crooks?

        • Amaris on 25/08/2015 - 10:57
          +13

          @swiggity swag:

          No

        • ankor on 25/08/2015 - 18:37
          +36

          A drunk girl walked away from an ATM and forgot to take her $80 out of the slot. I took the money, tapped her on the shoulder and gave her the $80. I'm Chinese, but now that I've been here in Australia for a while, I did feel the inkling to keep it. Must be the fact that I'm surrounded by all these descendants of convicts right?

        • tooslow8888 on 26/08/2015 - 11:23
          +2

          Wow, I hope your house disintegrates when some kid on the block tosses a pebble at your house.
          Pathetic.

        • BestofOZB on 26/08/2015 - 20:55
          +1

          @ankor:
          Ouch…good on ya mate

        • ankor on 27/08/2015 - 13:58

          @BestofOZB:

          To imply race has anything to do with trustworthiness is ridiculous.

          I don't hold that view expressed above, I just put it out there tp show how ridiculous this thinking is.

      • NickosFoivos on 25/08/2015 - 08:25
        -8

        Why not mention he is Chinese? Since when this is considered bad? Are you a racist? Probably!

        • mooboy on 25/08/2015 - 09:51
          +40

          So why not also mention his sexuality, his age, his shoe size, his Zodiac sign… we need an accurate profile of who we need to be careful of buying houses from!

        • DARK KHAOS on 25/08/2015 - 12:04
          +1

          @mooboy: also any vibes and strange smells, tingling fingers or numbness etc.

        • mskeggs on 25/08/2015 - 20:40
          +8

          I'm only a casual rascist, not full time.

        • aaronaldo on 26/08/2015 - 11:58
          +21

          Why did OP not mention her own racial background so I can avoid buyers of that race in the future?

        • weeenis on 27/08/2015 - 14:34

          @mskeggs:

          LOL i got the reference https://youtu.be/DHQRZXM-4xI

        • try2bhelpful on 30/08/2015 - 10:58

          @mskeggs: Must remember that comment.

      • Blitzfx on 25/08/2015 - 11:19
        +9

        Mate, this person might not be deliberately racist so much as the rest of us are.
        Maybe your degree of it is very low, or non-existent but the culture in aus seems to indicate the opposite.
        It's only the minority of us who call out this crappy behaviour which is good. Otherwise it'll just spiral out of control; and one prominent effect I observed was with international students coming to Australia to study. http://www.meldmagazine.com.au/2013/04/international-student… (just one of many articles)

        There's this subconscious racism or unconscious bias (there's plenty to read on this topic) against them. We always hear in the media about how we like to be fair and all that and how Xenophobes like Pauline Hanson are terrible but personal anecdotes arguing against this don't change the hard facts about our underlying culture.
        Here's an example of job searching which has affected a lot of people I know: http://www.sbs.com.au/news/article/2009/06/17/ethnic-names-s…
        The researcher's page: http://www.andrewleigh.org/pdf/AuditDiscrimination_media.pdf http://library.bsl.org.au/jspui/bitstream/1/1141/1/Does_raci…

        Unless the Boss or HR is racist, there should statistically be no reason for an Asian to have to submit almost 1.8x more job apps than anyone else.

        As much as we'd like to be a multicultural society, there's an ideological war to be won first before we can stamp out this behaviour completely; and it doesn't start with having a go at small-timers like the OP.

        • SlickMick on 25/08/2015 - 17:19
          -1

          If you just said Asian's apply for twice as many jobs before success, couldn't that be because of poorer quality apps rather than racist bosses/ HR/ recruiters??

        • Blitzfx on 26/08/2015 - 09:14
          +7

          @SlickMick:

          Well it's not because of the lower quality apps in this example. They created basically identical resumes / CVs but only changed the name at the top to racially identifiable names.

          If you want to read how they did it, it starts on page 7.

        • SlickMick on 26/08/2015 - 13:58
          +2

          @Blitzfx:
          Sorry - I got caught out not reading your links there :)

      • centrelink on 25/08/2015 - 15:41
        +1

        Whats the point of this argument? Have you noticed that Australians will always jump to calling someone Australian when they see it from Australian or with an Australian accent?

        But when you see a crook, we will never use the Australian Card on that person. Got to love media manipulation.

        Then you goto America, you don't see American citizen calling actors an American as much as you see as we do.

      • wildweirdwacky on 29/08/2015 - 11:29

        I read it as 'he's chinese. he's gone back to china, fearful of the legal repercussions from selling me a house with a faulty dishwasher. I will never be able to make contact with him again'.

    • zeomega on 26/08/2015 - 01:12

      Why let $300 ruin the feeling of owning your first home? Let it go. Not worth the mental distress.

  • toffee on 24/08/2015 - 22:09
    +2

    Legally, I don't know. I guess it comes down to whether you can show that it worked when you agreed to buy it but, like I say, I'm guessing.

    Generally I think it's just something you expect when you buy a house. Do your due diligence but anticipate there will be a few surprises and budget a bit of extra cost in the early days.

    Congratulations on your new home.

    • Rosegum on 24/08/2015 - 22:23
      -1

      Thanks Toffee

  • Jamie 007 on 24/08/2015 - 22:12
    +9

    Things like that are just part of buying a house. Over time you'll find many, ore things that need fixing. Its not the responsibility of the previous owner to fix anything unless it was part of the contract or happened after the contract was made.

  • Rosegum on 24/08/2015 - 22:19
    -3

    Yes Jamie007 and Toffee, we have already spent a certain amount of money in fixing several things like a hot water system, a stuck door… but I didn't complain as he said it is working but not properly in my view. When it came to the dishwasher it was broken and he agreed that it was not working and he knew but he wanted to hide the truth and didn't want to spend money to fix it up. I only rang him once regarding the dishwasher and didn't mention other stuffs as I understand it is part of buying a house.

    • JimmyF on 25/08/2015 - 23:28
      +1

      its buyer beware, test/check EVERYTHING. What you see is what you get. Assume everything is broken/needs replacing.

  • cktftw on 24/08/2015 - 22:26
    +65

    He said he'll ring the Previous owner(he's Chinese)
    I hope I can do something to let this Chinese man knows
    I am still very unhappy with the Chinese man

    What has him being Chinese got to do with this? You've emphasized that he's Chinese 3 times in your post and comments.

    Serves you right you racist. I hope the sewerage pipe bursts on you.

    • Nutrino on 24/08/2015 - 23:44
      +22

      Haha, and she's only been on ozbargain for 3 hours.

      • windrc on 28/08/2015 - 19:57
        +1

        it's quite an achievement to accumulate 1000 -ve votes under 3hrs

    • punk000 on 25/08/2015 - 18:10
      -1

      SO I had this discussion with a mate regarding racism. Why is it called racism when all human is of the same race. Differentiating ethnicity is not being racist right ?

      • OzzyB on 25/08/2015 - 22:19
        +2

        Well… the definition of race may include grouping by ethnicity according to the dictionary.

        Differentiating someone on the basis of ethnicity for the purposes of discrimination, prejudice or establishing superiority/inferiority is by definition racism.

    • shaiguy on 26/08/2015 - 15:23
      +4

      Completely right. I had some sympathy initially, however, once the OP repeated that it was a Chinese man then no sympathy whatsoever.

      At the end of the day, it is a $300 dishwasher. If that was the only thing you had to spend to fix up something that was in dis-repair when you purchase a place then it would be awesome.

    • OYC on 27/08/2015 - 20:08
      +1

      Judging from wording of OPs post and responses I would guess that Rosegum is Chinese and that the tone used, is one that is more patriotic than racist.

      would be good if OP can confirm.

    • misterpotatomato on 28/08/2015 - 14:44

      While we're on this thread, I'd like to ask a question. Sometimes, in my field of work, I deal with a stack of clients each and every day. I can't remember their names, so, in that instance, is it correct to say something like "Hey, I was dealing with that guy down in Finance, I forget his name, he's chinese?". In that instance is it okay? Or is it never okay no matter the reason why?

      • cktftw on 28/08/2015 - 15:09
        +2

        That I think is fine, because there's no element of discrimination there. It's just used to identify - no different from saying the guy with the curly hair. That's what I feel anyway.

        • misterpotatomato on 28/08/2015 - 15:23

          Yeah, re-reading the OP does seem a bit derogatory :(

          Still it sucks when the internet via ozbargain hates on you with a comment storm as vicious as this… (as in, if I had posted this, I'd feel sad that this many people on the interwebs don't like me or my argument lol).

  • superb on 24/08/2015 - 22:26
    +1

    If it was clearly specified as an inclusion in the contract then there is an expectation that it would work and even the agent has an obligation to ascertain this and bring it to your attention. While you maybe better off with a new machine it would be still be worth pursuing your agent to settle this matter. Not worth legal due to costs involved but agent should be able to work something out with the previous owner.

    • Rosegum on 24/08/2015 - 22:32
      -3

      Thanks Superb, that's what I expect the agent will do as I said getting it fixed or replaced isn't important. All I want is responsibility of all parties.

    • pembajak_sejati on 25/08/2015 - 11:19
      +1

      man… what would you expect from the agent? he got his money it is a done deal… are you going to sue the agent? blacklist them? spread out on the net or ozbargain? not a fat chance we can do anything…

    • James Nav on 25/08/2015 - 13:06
      +8

      That's actually incorrect. The agent is under no obligation to bring anything to your attention. He/She will do nothing that jeopardizes his commission. It's all in the buyers hand. Now if the dishwasher was missing entirely…thats another matter.

      I think I blame your solicitor for not advising you on what to check although you guys could've used your common sense a bit better as well.

      I've never sold a house but I recently bought one. When I asked my solicitor about possible defects, his advise was before finalizing "check every single appliance, turn all of them on, turn on all the light switches, ensure all the exhaust's are working, take a lamp or something, plug it into every power socket and check if the power points are working correctly etc etc"

      Sounds extreme, but you need to do your due diligence because, once finalized the seller cant be held legally liable.

      • SlickMick on 25/08/2015 - 17:23
        +3

        First I've heard of doing a load of dishes before buying a house. It shouldn't need to be tested. If it's included, it needs to work. Otherwise it needs to be gone. (Not buyers job to dump junk left lying around.)

        • JimmyF on 25/08/2015 - 23:31
          +1

          I turn on AC units (even in winter) and heaters (even in summer), run the hot water etc.

          Dishwasher I assume 'works', if it doesn't, its a $1k expense.

          Its a rounding error on a house these days!

  • [Deactivated] on 24/08/2015 - 23:51
    +1

    Even if you noticed the dishwasher was faulty on final inspection,which it sounds like you didnt do, the real estate agent will just say "take it or just P#$% off…plenty of other buyers lining up to buy".
    The real estate is working for the seller, not the buyer!

    • JimmyF on 25/08/2015 - 23:32
      +4

      They don't really work for either!

      They will screw the seller over in a heartbeat for a sale, and the buyer the same!

      ie advise to take a lower offer that is on the table rather than wait for a higher one.

      • altomic on 26/08/2015 - 22:07
        +1

        they work for themselves.

        "it's a buyers market, now is the time to buy" - 2 minutes later - "it's a sellers market, now is the time to sell"

  • johndowy on 25/08/2015 - 00:20
    +5

    It's after settlement. You should have done all the inspections long before. If you found anything wrong, then if its on the contract, they should fix it up. But after settlement, they legally owe you nothing. Tough luck. Just move on.

  • [Deactivated] on 25/08/2015 - 00:28
    +3

    Check the linen cupboard in the hallway for emergency tea towels. They might still work.
    No guarantees.

    Google for archived instructions PDF if you strike trouble.

  • [Deactivated] on 25/08/2015 - 03:03
    +12

    It's a real grey area, we recently sold our house but informed any prospective buyers that the dishwasher was broken, this was more to save any issues with the new owner down the track. In saying that we were pretty open with minor defects in the house (study light not working, oven needing to be lit a certain way). In return we had happy buyers, theyve let us know when mail has arrived. Probably helps because I'm Vietnamese and not like those Chinese :)

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