Bought a House and after Settlement Found out Dishwasher Not Working

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.

Comments

    • Ouch!

    • +5

      Lol!

    • +1

      I know a Aussie born Vietnamese, she likes to call herself Aussie than Vietnamese. She told me she understands very little Vietnamese, but when we went to Vietnanese store she was able to read all the product which was written in Vietnamese just saying, I know it's out of topics.

      • Vietnamese is written like an alphabet with accent symbols etc (unlike Chinese). Like German, every word is pronounced the way it is written. It's pretty simple.

  • The only thing that is broken won't be just a dish washer. No many will list all the defects of their house when selling it! You will find the rest of the broken stuff in due time. Just hope it's nothing structural.

  • -3

    did a law subject at uni, a dishwasher would be considered a fixture. in that the dishwasher becomes part of the house once installed. becuase once removed is leave a gap in the kitchen bench.

    it seems that the purchaser will need to prove the dishwasher wasnt working at time of contract.

    http://www.locallawyersaustralia.com.au/resources/

    • +1

      Doubt that. It's an appliance. Just like a fridge.
      As for OP. Grow up. You've spent hundreds of thousands of dollars and you're whining about a $400~ appliance not working?

      • -4

        This is not monetary issue but ethical one. I talked to the previous owner that even if you advised me of this, I would still bought the house. The way he acted really let me down because he and I knew each other and on the inspection day I met him quite unexpectedly.

        • +6

          You're buying a house, not entering a marriage. Ethics or someone's character really have nothing to do with it.
          If it's not about the money, what do you want to get out of pursuing this?

        • +3

          @lemc6125: closure?

        • +6

          As good as it may feel riding your high horse around, it's time to get off, buy a new machine and get on with life.

  • +1

    After settlement you are pretty much out of luck. You would have had a claim before as the dishwasher was listed, however the additional legal costs of persuing it can easily outweigh the cost of a new dishwasher.

  • +2

    Honestly, if there's nothing else wrong and you like the house in every other way, I'd let this one go. Is the price of a dishwasher really worth putting a dampener on everything else?

    Yes, the previous owner is in the wrong- they should have disclosed that it wasn't working. But it is clear that they aren't going to help you now so I'd forget about it, move on, and buy a new dishwasher.

    • -7

      Yes you r right. Talked to my hubby today and he said in the first place he had areadly told me to let it go. Don't bother that greedy man.

  • +1

    Old houses are never perfect, not even new houses are perfect, new house come with a warranty from the builder

    When you buy a house you buy it as “it is” It is up to you to do the pest and building inspection, from the inspection report it is up to you to negotiate a better price if you think it is fit

    If you have done the report, there should be something said about the dishwasher, if it wasn’t say maybe you need to take it with your report provider

    As a seller, He\she will never disclose all the problems with the house; they are trying to get the highest price possible

    Be happy with the house and buy yourself a new flashy dishwasher

  • +16

    @Rosegum,
    My experience will make you feel better. I have no prior knowledge of solar panels/power, bought my house 8 months ago and believe I did the right thing when real estate agent asked if I would like to 'top up' on an offer for the property. Thought why not, as I will save on future electricity bill as there are solar panels (advertised when selling)

    When getting my utilities connected before moving in, was told "couldn't detect solar",
    During final inspection, saw on inverter box meter numbers 'working' and assume solar is connected, when I enquire who their provider was for solar power, There was no mention of solar not being connected. Later was advised by an energy company to get an "NM number" took agent days to get back to me, and with that it's confirmed solar not connected.

    Now to get it connected, I was advised I need to get it 'certified' that it's in safe working condition and can't remember what else. I had other things that need repair like leaking toilets & taps, both toilet cisterns not attached to wall (just sitting on pump thus cause the leak), TV antennae on wall not working in living area. And recently when vacuuming the ceiling exhaust fan the cover fell off and realise it's not the correct size, it's just 'clipped' on one side to hold it up. With the expenses of purchasing a new home and repair cost, I couldn't afford to call in a qualified electrician yet to do the certification.

    Oh, and the dishonest previous owner were not Chinese:)

    • -1

      @cooklwuv: what a paintful lesson. Poor you.

      • You can tell a lot about he who has to have someone experience greater misfortune than himself to feel better (schadenfreude?).

        Even more if someone thinks his own lesser misfortune is more important because well it's his!

    • +1

      who their provider was for solar power

      Ra?

    • I was shown a gas meter (not connected to anything in house) by previous owner. Nothing about gas anywhere else as it wasn't connected. Take possession, go to look at meter, not there anymore.

      When you get a building inspection done all they do is look, with their eyes. They do not move or lift anything to look at it.

      When we realised the gas meter had disappeared we had a look at the heater in the loungeroom. Sigh, not a heater at all. Just some bits of heater rubbish in a pile to look like a heater.

  • +5

    Property purchases in Australia are pretty much "caveat emptor" (let the buyer beware). If you did not inspect the dishwasher and verify it as working during the building inspection, my opinion is that you're bum out of luck.

    If that's the only thing wrong, it's a nice cheap lesson.

  • +5

    Well, didn't seem like the seller was trying to hide anything - the fact that you were able to hold a simple conversation about the dishwasher after the sale. He could have said that the dishwasher was fine or he hasn't used it in months.

    Enjoy your new house OP! Don't let this issue bother you.

  • +2

    i think its up to you to test everything in the house.
    We done this before we put a deposit on ours went through and tested all inbuilt appliances lights,blinds etc.

    • +1

      That could take ages! We've just bought a house, had a building and pest inpsepction and did our own tests on a few things, then found quite a few things weren't working properly. Leaky tap, exhaust fan dead, lights not working with blown globes and so many cockroaches! Then on top of that the third time I opened the garage roller the motor packed it in. Mostly minor stuff, easy enough to fix, not enough to go back to the previous owner with demands. Our last house I ended up replacing nearly all the taps almost straight after we moved in because they were leaking to some extent.

      To inspect the whole house for things inluding dishwasher, oven would have taken half a day minimum and we really only got half an hour to inspect plus the formal inspection by the building inspector.

      Buyer beware. Be happy that it is only something minor and easy to fix

      • +1

        yep we done the pest and Building inspections aswell and then spent probably a hour and a half testing appliances.
        Once we were happy with that we handed over a deposit.

        If they wanted a sale those were our conditions if not we had a couple of other houses we were also interested in.

      • Yup. Plus the real estate agent sets up the inspection time, and ofcourse are keen to get you in and out as quick as possible.

    • +9

      Australia has no explicit Freedom of Speech laws/rights. However, we do have the Racial Discrimination Act.

      https://en.wikipedia.org/wiki/Freedom_of_speech_by_country#A…

      • -1

        Even though if's got nothing to do with the topic, I don't see how describing a Chinese person as Chinese is racist; whether or not his ethnicity is relevant to the issue.

        When did people get so easily offended?

        • +6

          Simple, why bring it up if it's not relevant to the story unless you're trying to imply something? If the man was old should OP have called him out as old?

        • +2

          I don't see how describing a Chinese person as Chinese is racist

          Answered your own question…

          it's got nothing to do with the topic

        • @cheng2008:

          If she did or not shouldn't matter.

        • +3

          It's like saying you were in a car accident with a white person. Even though being white had nothing to do with the accident, the very act of describing their skin colour implies that you think it does have something to do with your story.

          It's like saying you watched a blonde girl try to park for 15 minutes. That would be implying hair colour and gender had something to do with it. Which it doesn't, therefore you shouldn't make a point of it.

        • Same reason why if I call you a retard, it is actually rude even if you are a retard.

        • @samBee:

          it is actually rude even if you are a retard.

          If it's just your opinion, then yes it is rude. I don't see how a person's ethnicity is the same in using a degrading term; unless it's you who think they are lower class/inferior to you.

          Though the way the OP has referred to him multiple times as Chinese does seem like she dislikes them.

        • +1

          @ozhunter: Yes, the reason people called her out is because she kept on writing "He's Chinese" and people felt that she was trying to imply that she didn't like them.

    • +1

      not true. Buyer beware. Sorry mate.

  • +9

    The contract of sale gives you a right to inspect the premises in the week before settlement. It also requires the vendor to deliver the property to you at settlement in the same condition (fair wear and tear ecxepted) as on the day of sale. Therefore you could have done an inspection and if the dishwasher did not work on the inspection you could have requested that it be fixed or that some allowance be made for the cost of fixing it. Of course the Vendor might have responded to that request by saying that it didn't work at the date of the sale (when the contract was signed) and you probably would have to accept that as the end of the issue. There are two alternatives to prevent this from happening: 1. Test everything before you sign a contract; or 2. Ask the Agent to confirm (in writing) that everything works properly (and include a list of what "everything" is). The contract does not require anyone to disclose non-working items.

    Trust me (I'm a lawyer) it will be way too expensive to follow the issue up now. And you still have the problem that you don't know if it was working or not when you signed the contract. Learn. Move on.

    • +1

      The vendor could also have said - so what, take it or leave it - which seems likely in this case and the OP still would have bought.

  • +1

    Well if your houses foundations, walls and roof are okay consider yourself lucky. There far more worse and expensive things can go wrong besides a dishwasher.

    Best off just purchasing a new dishwasher, not worth the hassle in chasing it up.

    If you sell in the future take the dishwasher with you if it makes you feel better :P

  • +8

    Years ago my daughter and her husband brought their first house, it was in Kalgoorlie. They gave the house an inspection and found a baby's rubber mat in the bath. Thinking nothing of it, they then, put in their offer and purchased the house. You guessed it. The mat was hiding a hole in the bath. Nothing they could do about it. Oh and the sellers were Australians.

    • +11

      Bought a house and found damaged floorboards under the dining table. The sellers were Aussie. They even took the door knocker on settlement day. I noticed it during final inspection on the settlement day. When I asked what happened to the door knocker, the old fart started swearing at me. Didn't like the house and put it back on the market 1 week after purchase, fetched 120K on top. Look who is laughing now.

      • +4

        Agist :P

      • +2

        Wow. Must be some door knocker you got to replace it!:p

  • +2

    Mate, you are very naive. Legally you got no leg to stand on. Didn't you all the appliances when you did the inspection? The owner can simply say it was working when he sold it since there is no proof that it was broken at that time, just your word. I'm sure your solicitor would've told you the same.

    A house is sold 'in it's current state'. The seller is under no obligation to divulge any known defects. It's up to you the buyer to do your proper inspections. Unfortunately thats the law as it stands.

    You bought a new house, something most people have given up on. Stop whinging about a measly diswasher and enjoy the new house.

  • When I purchased my property, I made sure to add a special condition " Vendor to undertake that appliances will be in working order" into my offer…
    I don't think you would have done that OP, but for others looking to purchase property, it might allow them to have something to fight with if the vendor try to pull something dodgy like this after settlement.
    I'm not a lawyer though, so maybe there are ways of working around it, but it's what I heard a real estate agent tell another buyer previously.

    Googled it and found some other special conditions worth investigating: http://www.westernconveyancing.com.au/index.php?option=com_c…

    • If there are any lawyers out there, please confirm. A purchaser can add special conditions like, curtains, fans and appliances to be in working order, but it is up to the purchaser to check that the contract conditions have been met prior to settlement. If you haven't, then too bad. Move on.

      Off course you can take legal action if you have thousands of dollars and time to burn for second hand washer? and how are you going to prove that it was not you who broke it?

  • Just buy a new one.

    There's probably a dead rat in the dish washer and you don't wanna be washing your dishes in there.

  • -1

    Why can't the Chinese man behave this way? It looks like he can and the best thing you can do it bring it to a civil court.. Or go to his house and threaten him with violence. That usually works

    • +2

      What an irresponsible piece of advise.

      Don't go over to his house OP, for only triple the value of the dishwasher you could have the convenience of bikies to do it for you.

      • Doing it yourself is free though

    • -1

      Oh bugger, I went to neg this comment but my fat fingers hit plus. Ugh.

      Edit - Nevermind, learnt how to fix it

  • if you have no proof it worked prior to settlement then you need to buy a new one. sorry for the bad news.
    unless they actually change it from inspection if you can recall the brand?

  • +7

    Does the house work?

    • OP is upset because she might even have to wash some dishes by hand! OMG

      1st world problemz lol

  • Really, you should just buy a new one and forget about that person.
    You should also be happy that you have enough money to actually purchase a house.

  • +7

    If the dishwasher is the only problem, then you have nothing to worry about.

  • As it's been said before, "Caveat Emptor". Let the buyer beware. Basically it's the obligation of the buyer to do their due diligence.

  • Was the dishwasher stated in the contract, if not he didnt even need to leave it.
    A dishwasher is not a fixture so can be removed like a washing machine or fridge

  • +1

    Just get one in the current eBay sale.

    It's like buying a used car and then finding that the cigarette lighter doesn't work even though the previous owner said it did, so do you harass them over it, or do you just buy a new one for $2.43 and move on.

  • -1

    I bet it was a yum cha brand dishwasher

    • Haha you must be right as the previous owner owns a yum cha restaurant in real life.

      • In that case, go to his restaurant, and yell loud enough that all his customers can hear: "This Chinese man sold me a house recently. There's a Chinese dishwasher in the kitchen, which doesn't work. I feel cheated by this Chinese man, because you know, Chinese. Oh, and enjoy your Yum Cha everyone!

  • +27

    Here's some practical advice: If you think the dishwasher is of some value (i.e. >$200), put in a claim at VCAT's civil claim list: http://www.vcat.vic.gov.au/adv/disputes/civil-disputes

    It will cost you $60 and is very straight forward

    Whilst I have a law degree, I am ethnically Chinese so it is up to you to decide whether on not you can trust me.

    • -1

      Thanks Lostix.,I'll take a look at cvat.

      • I have a feeling that it will boil down to he say she say…..
        Basically you have no proof that it didn't work before the sale.

        The other side will say "It worked" and you will say "It didn't work".

        It could be coincidental that it broke on the first time you used it.
        Remember those times when you swore out loud…. when a device broke down 1 day after warranty period?

        I remember being told by many people and my lawyer to check EVERYTHING even the bloody toilet to see if they are all working. You should make a checklist of the stuff you want to check before going, because you are most likely going to miss something if you don't.

        VCAT is straight forward but do you think it is worth showing up to all the arbitration and possibly going to court over it? Time = Money and Effort = Stress. Is it a REALLY expensive dish washer, or can you replace it with a new one, cheap ones go for $300-400.

        Best to actually speak to a lawyer to see what your chances are, take the chances with a grain of salt as in any court it could go either way even though if it defies logic.

  • -2

    This is total bs man.
    why are people saying oh well you should have checked it.
    like come on are you guys for real?
    The previous owner has clearly just tried a 'scam' tactic.
    i know a dishwasher is not a selling point for a house but you would look at it and think oh sweet this new house comes with a dishwasher. come moving in time it doesnt work.
    "you didnt ask" excuse is total BS too.
    if he said i dont have time to argue with you/its just $300 anyway- then tell him to buy a new one if its just $300.
    If the previous owner knew it didnt work and also felt like it was not such a big deal then it should not have been there.

    i can sit here and go keyboard warrior at the previous owner but in the end if it didnt state in the contract anything about the dishwasher then you prob cant do much…

    • so if i was the owner and i said "no, its working before, you broke it, and stop wasting my time" and what are you going to do??

      • -1

        As i said at the end of my rant, it depends whether the contract states something along the lines that the dishwasher should be working.

        Even then im not sure what can be done or if it will be too much messing around to get it taken to court.

        • +1

          doesnt matter what contract said, as a buyer you need to check. even if the contract said it include the dishwasher, and you did not check prior settlement, its become "you say i say" you say its broken, i say its not broken

        • +1

          @andyken:
          I got into a similar argument with a purchase that I did.
          Basically it comes down to: Once settlement happens, all outstanding issues / debts are moved to the new owner.

          There is some concessions over some debts such as council fees which can be claimed back from the old owner, but pretty much 90% of the stuff is yours to suck up if you didn't check close enough.

          If i remember correctly, in the contract it says "subject to building inspection"…. which means even if there was something wrong, and your building inspection didn't pick it up, it is still your fault for not picking it up. You can however speak to a lawyer, and maybe they can go sue the person who did the building inspection for negligence.

      • -1

        How can you intentionally break a dishwasher without making anything too obvious champ?

        What benefit will the new owner get in breaking the dishwasher (if it was working before) and going through the hell process to request an explanation?

        • champ, if it was me, i will turn your question back to you, what was my benefit to breaking the dishwasher (and it was working) before i sold my house to you and going through the hell of wasting my time?

          see champ, got it? it is buyer responsible to check everything, its your fault, learn from it and move on

        • -1

          @andyken: You have some serious comprehension issues so you must have dropped out of Year 12 in high school.

          My point is that it's a far lesser probability that the new owner intentionally breaks their Dishwasher and chases the previous owner, compared to the Dishwasher breaking over time with the previous owner (via wear n tear) and the previous owner just leaving it as is given they already planned to sell the property?

          Champ, go back to school and this time, don't skip classes. Be a good boy

        • @frostman: champ, what i want to say is the OP have no legal ground at all, no matter what court she is in, she will lost! as other mention it is Caveat emptor. the seller didnt lie to her, OP didnt complete due diligence.

  • It is kind of your fault, it is your own responsibility to check and see every peice of item If it is functioning or not, and check for damaged weather if it does state whats new or not. The contract has closed and there is literally nothing that can be done, unless the previous owner does have some courtesy, And somehow reimbursed you, Gudluck!

  • +4

    luckily this CHINESE owner are honest, otherwise (like above said) he can simply say it was working when he sold it since there is no proof that it was broken at that time, just your word.

    so you should thankful to this CHINESE, if it was me, i will charge you $50/minute to waste my time on the phone

      • +16

        Grow up

      • +5

        sum up: Move on, you think the seller dishonest, but in reality, its your fault. check everything before settlement otherwise its on yours

  • thats why you pick this thing up during pre-settlement inspection? Surprised you didn't even pick this up ..most people would even check every single power point ..

  • +4

    wait till the OP finds a light globe blown!

  • +10

    Your dishwasher is probably Chinese made too. IT'S A CONSPIRACY!

  • +1

    Presumably, there's similar realty laws in Victoria, as in WA. As I understand it, over here, we have a full month (I think) where anything faulty must be fixed at the cost of the previous owner. The only exception is if the house was bought with the express knowledge and agreement that the fixture or fitting was faulty at the time of purchase. Sellers are legally obliged to tell prospective buyers of any known faults. If nothing is said, then the house is assumed to have no faults. If faults are found, then, those faults must be fixed at the expense of the previous owner.

    • over here, we have a full month (I think) where anything faulty must be fixed at the cost of the previous owner.
      Presumably, there's similar realty laws in Victoria

      Wow… not at all similar by the looks of it!

    • No WA has some strange laws for selling houses about power points working etc, over in VIC its upto the buyer to check everything. Houses are sold 'as is'.

      • Yeah, although I think it's for the better. When I sold my house (in Perth), I had to make sure any prospective buyers knew about everything, right down to minor damage of the carpet, or they could make me pay to have it replaced. If the hot water system blew up, within a month of selling it, I would have had to get that replaced too etc. That was a long time ago, and laws change.

        • I think some things are within reason, but there is a bit of 'buyer beware' really needs to be there. You know, that common sense stuff we don't have anymore. Its not hard to look at the flooring to see if it needs replacing or there is a bit of minor damage etc.

          But yes things like hot water services lasting a month post sales is always nice, all power points and lights working etc, standard things that should be there are nice to have confirmed working I guess.

    • Oh. I didn't know this but it might be why our agent said he did not want any problems cropping up after settlement so he went around the house for two hours testing everything too. Might not be true but everything was working when we moved in. Perth.

      • Must be because they are both not Chinese. :)

  • +3

    Yeah, not keen on the "Chinese" slant of your OP; arseholes bear the same "holemarks" across all races and sexes… (double whiplash for the paranomasia)

    Back to bidniz; whoever acted on your behalf is at fault for lack of due dilligence, and so are you for lack of due dilligence… You bought a dud deedub; dish yourself out a new one!

    • +1

      "Chinese" slant

      I loled, thought it was a pun.. lol

  • +5

    Seriously, you registered on Ozb only to raise this concern over couple of hundred bux..?? which you said wasnt the problem… So you raised this concern to find out if you legally stand a chance??? Which am sure, you must have gotten the idea by now… you absolutely NOT…

    $10,000 is wat I keep as a reserve to spend on a house I would buy because of these unknown unknowns (even though the inspections went well).. You always have to.. even if you want to check.. you cant check everything, when you buy such a big and complex thing. And then there could be failures in the very first month, that you cant do anything about. If the Dishwasher would have died after your first use, you would have been okay with it.. and effectively that would mean for those "lost" $200 you got just ONE wash… but again, its not about money… Its about learnings.. you learn things as you go on.. dont rant… learn.. find where YOU went wrong or YOUR planning went wrong before naming someone or someone's ethnicity.

    I agree with one of the comments on this thread, consider this as a very very cheap lesson.

    Be sensitive to others here and around you… and am NOT 'Chinese'

    Learn!!!

  • +1

    On and on. Do you , op, want to wash your food disheses in a broken dishwasher?

    Let's see what's next - quite often the hot water system breaks down on change of ownership esp if there is a period of non use.

    Get over the buyers remorse and make the house yours.

    • +2

      Exactly what happened to me.
      Of course I was upset about it but that's life.
      I wish all I had was a dead dishwasher - a few years later I had to resurface the pool!

  • buying a house or any property is like buying a 2nd hand car that people want to rent and will be worth a lot more in the future

    thats it

    even houses a few years old will have some imperfections

    best you can do is call the agent and the owner and ask about it, they will probably do nothing though

  • +1

    When I bought my house the gas heater didn't work. What did I do? I called a tradie :-)

    Get over your issue because it's not that big in the grand scheme of things.

    P.S have a look at the eBay 20% off and rewards currently available,that's why you're here on OZB right?

  • Thinking about it, is rather the stupid dish drawers in our new house didn't work, then I could replace them with a proper dishwasher you only need to put on once a day.

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