Dealing with a dodgy property vendor

MiaSanMia on 22/08/2016 - 20:43

I'm going to buy a house and settlement is this weekend, however the owner doesn't want to move until 2 hours before settlement time. I suppose he does this on purpose. Through out negotiation he has refused to fix anything from large items to small thing such as changing a light bulb. From my previous experience buying a house, the owner would satisfy the basic repair & maintenance requirements given they're gonna receive a huge sum of money. In common sense I'd do the same as I would want to show my goodwill as well as cooperation to the other party.

So given the contract is now unconditional and the property will only be vacant a few hours before settlement, is there a solution for me to make sure i'm not being ripped off by this guy? I'd prefer to move in & have a good rest rather running around fixing light bulbs, electrical wiring or bathroom plumbing etc. My gut feeling is this guy will leave the property in unclean condition to frustrate me and within such a short period of time I wont be able to do anything. Even in general contract would require a seller to leave a property in similar condition to inspection, no guarantee that small things like electrical work, plumbing etc would be 100% working.

I know I should talk to my conveyancer about this but solicitor these days all they want is to complicate things so they can get more money out of your pocket. So some general advice would come in handy in this case.

Thanks for your comment in advance!

Home & Garden

Comments

  • [Deactivated] on 22/08/2016 - 20:47

    Why would you ask them to change a light bulb?

    • MiaSanMia on 22/08/2016 - 20:57

      Some are broken, some without cover. There are bits and pieces in the house that need to be repaired to general working condition, from large items such as toilet door doesnt shut in, balcony hand rails chipped off, pool gate doesnt shut properly just to name a few.

      • chumlee on 22/08/2016 - 21:01
        +7

        Were they in this condition when you made your offer and it was accepted? If so, it's your problem now.

        • MiaSanMia on 23/08/2016 - 02:59

          If only he leaves the property in original condition! My concern is he may leaves floor/door decent damaged, paint chipped etc during the move. & with less than 2 hours before settlement I cant do anything about it!

  • bod311 on 22/08/2016 - 21:02
    +1

    "I know I should talk to my conveyancer about this". You should talk to your conveyancer about this. If your conveyancer is just interested in charging you more money you have chosen the wrong one. In any event what is $200-$400 more in legal fees when the consequences of not getting proper advice could be enormous.

  • jar-unit on 22/08/2016 - 21:06
    +3

    Standard practise. You get the keys at the end of the settlement period. You should have the option to undertake a final inspection of the property and if anything major is wrong, you can delay settlement until it is rectified. I dont think standard wear and tear such as light bulb replacement counts. What you could do is reframe your interpretation of the situation and take this as a beautiful experience and opportunity to move in to your new home instead of focusing on the negative minor things like light bulbs which are easily remedied

  • Mumbles on 22/08/2016 - 21:51
    +1

    I'd say budget for the worse case scenario and fix it in your own time.

    The owner has had months to work on your shopping list of ToDo items and hasn't even fixed one item. There's now only days left. Plus they know you are going to buy and have taken your deposit.

    The seller may have an excellent conveyancing lawyer too. If the other lawyer words the contract to stipulate sold as is then you might have to do something about it.

    I'm with jar-unit. You should look at how incredibly lucky you are. The seller accepted a lower offer because of the agreement where he didn't need to move out. You've saved heaps on the price!

    If you wanted it another way you had the option to kick the owner out months before settlement, request the fixes, owner to hand you the keys, inspections before signing. Then guess what happens to the sellers asking price!?!

  • blitz on 22/08/2016 - 21:56

    Why did you not stipulate your requirements when negotiating the contract of sale? If they were major, why did you concede to them?

  • SnoozeAndLose on 22/08/2016 - 22:06
    +1

    Buying a second hand property in Australia is you buy what you see on inspection( except the non fixture item i.e. sofa, fridge, washing machine etc)

    The settlement is rely on you for a go head notice to your conveyancer, if the final inspection is 14:00 then you can inspect by 13:00 and call your conveyancer to go ahead or delay with a reason.

    If it is only a small fixture(missing light bulbs, light cover) then it will not be worth to o hold the settlement as it will cost you more if you need to re schedule.

    Also if all the general repair you mentioned is like that during the inspection and the agent did not promise you that the owner will fix it then it will be unlikely to be fix on settle.

    Moreover, they do not have to clean the house as you expected as this is not rule/law to enforce this, just one thing to keep in mind you buy what you see during the inspection, if no special term written in the contract then no obligation to be fixed.

    • whooah1979 on 22/08/2016 - 22:09
      +1

      Moreover, they do not have to clean the house as you expected as this is not rule/law to enforce this,

      the vendor left behind a 50l bin full of dog dirt. we said wtf and asked them to take it with them.

  • whooah1979 on 22/08/2016 - 22:06
    +1

    you make it sound like the vendor messed up the property to spite you.

    or were these issues known from before you signed the contract?

  • Savas on 22/08/2016 - 22:09
    +1

    I am so sorry to hear that. Last time I needed a light bulb fixed it cost me over $100 just to call the electrician out. Next time definitely put in a clause in the contract. But seriously do you want to miss out on this property because you have to mop the floor or something.

  • [Deactivated] on 22/08/2016 - 23:07
    +1

    I agree that you should talk to your conveyancer. Do an inspection after the previous owner has vacated but a couple of hours before settlement. Find out what adjustments can be made if you find any problems.

    I"ve heard of things like this happening where the previous owners only move out just before settlement. Take photos at the last inspection and compare them to the photos taken at the previous inspection.

  • altomic on 23/08/2016 - 00:08
    +1

    bikies.

    • MiaSanMia on 23/08/2016 - 07:34

      He's Serbian, painter & guess what: bikie-looking!

  • MiaSanMia on 23/08/2016 - 02:53

    I'm not that narrow minded or too picky with small fixes & repairs but given what i have been experiencing with his unfriendly uncooperative manner from the beginning of negotiation i dont trust this guy at all. For example when I asked for extension of finance approval he came back saying he'd only agree if he can remain his stay within 5 days AFTER settlement! I'm pretty sure he did this to piss me off but this was completely absurd & impossible to accept. Over the phone to the agent he said he'd fix things however through his solicitor it's completely opposite. Trust & cooperation is something missing here that's why I'm concerned. I understand i'm buying what I see on inspection, but what if he left floor scratched, wall chipped, broken door knobs etc during his moving? These are not major alterations or structural damages but would build up frustration of being ripped off. Obvioualy going this far of the purchase I dont want to waste my time & money either, but the frustration & worries about the state of the vacant house when we move in cause me a lot of concerns.

  • Ash-Say on 23/08/2016 - 07:59

    When we purchased, the seller moved out 1 hour after settlement. They had to keep some stuff in garage for another few hours and they took our permission. We had no issues because I know relocation is a biggest headache.

    On the negative side, it was identified during building inspection that one toilet leaks in the subfloor. When we demanded for compensation, the seller refused it as the contract said “Sale as it is“. We spent $4k to fix plumbing issue but we realised there was no way to find this issue unless you crawl into subfloor area.

    There was a choice to move out of contract and lose 0.25% but we still decided to proceed. If you are buying an existing property, you should expect some minor issues and spare some dollar to fix them.

    • MiaSanMia on 23/08/2016 - 09:19

      I've already agreed for him to leave a huge bulky shipping container at the property within 5 days after settlement as he said he had no money to move it away. What if he purposely causes damages while moving out such as scratched floor, paint/wall damages etc? Is there any recourse for buyer with these minor damages? This is the main reason why I demand to have a pre-settlement inspection at least 48 hours before releasing fund.

      • Ash-Say on 23/08/2016 - 09:28

        You have the right to do pre settlement inspection. I would suggest to take detailed pictures with date/time stamp so you could seek compensation should there is a major damage following settlement.

      • SnoozeAndLose on 23/08/2016 - 09:36

        pre-settlement inspection(final inspection) should be take place after they have move out or close to the settlement time i.e. 1-2 hours prior.

        I am not so sure why you still go ahead with the purchase/signing the contract if you knew all these as well as a dodgy agent.

        Even when you agreed to let them leaving the bulky shipping container and you should request to hold on the money let say total amount release - the cost to remove the bulky shipping container, this can be done prior the settlement, in this case they may subtract the amount or give you a cheque after the settlement.

        We have problem with the solar electric bill with the previous vendor as they are in contract when they build their solar panels, then withheld about $500 and once the bill arrive the agent will pay for it and release the money left back to the vendor.

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