My mother just moved house and found that the vendor has swapped the central vacuum attachment. During the first viewing the realestate agent, who also owned the property, showed mum the central vacuum system and attachment and told her this was part of the sale. Now when mum moved in over the weekend she found a different vacuum attachment was left. This one is leaking air and the suction is poor.
The realestate agent/vendor is now stonewalling and being evasive telling mum the attachment she has left is fine, she doesn’t want to engage in dialogue about returning the attachment Mum understood was included in the sale. What can we do?
House purchase Seller swapped central vacuum cleaner attachment
LPV569 on 06/11/2018 - 07:50
Comments
I presume you didn't take photos? It is always a good idea to take as many photos as possible showing the house, and fittings, when you buy to stop things like this. It is hard if you can't prove what was there originally. I've heard of people swapping over dish washers, after the sale.
Was this item included on the contract of sale?
Even if it was, it wouldn't specify what model. Unless OP's mum has good records or photos this might not go anywhere.
That's where I'm going. A critical rule of purchasing property is to ensure everything you want is specified in the contract of sale in as much detail as possible. Photos, etc. that can be attached to the contract of sale are useful.
But if there's no record of it, basically you're gone. Best case you can get the original attachment supplied from the vendor. Worst case you'll go around in circles for weeks with no joy and just end up needing to buy a new one.
For something that I imagine is pretty low value in the great scheme of life, the best bet might be to just drop a few $$$$ and move on.
which borders on ridiculous. "quick take a photo of the shelves in the oven - just in case they are swapped out for rusted ones."
@altomic: I agree with you. Unfortunately it is ridiculous. This is the problem with the way real estate is transacted. Obviously the majority of people are decent humans and don't engage in the sort of behaviour you're referring to. But if there is something you absolutely want to make sure is included in the sale you have to make sure it is clearly included in the contract.
The flip side to this is that you then must, at least in the ultimate scenario, sue the vendor over the relevant matter and somehow attempt to convince people that (a) the state of the property was misrepresented and (b) this misrepresentation has caused you a loss.
This is why you can't accept anything that is told to you as part of the sale process if it is not included in the contract. It's also why if some fitting (such as the one in the OP) is missing/swapped out, etc., it's just not going to be worth pursuing it if the value of it is essentially trivial.
@altomic: it sounds silly, but have heard of the diswasher being replaced with an older model - it still worked but was about 15 years older than when viewing the property, and all light globes removed (including in the sensor lights outside), oven racks/trays removed, no plugs for sinks. all stuff that is inexpensive to replace in the grand scceme of things, but is an un-needed hassle and makes you feel ripped off.
Probably just as annoying is moving in to find things left behind, old plates and dinner sets on the top shelves of cupboards, moudly food in the pantry, locked safes without keys or codes.@wordplay: We moved into a rental property where someone had left a packet of bullets (actual ones) on the top shelf in the bathroom.
you are on the money with that one.
we just purchased another property and the previous owner swapped all the deadbolts and deadlocks out.
what was advertised as a secure yard with lockable front gate and driveway gate was left with no locks at all.
If it wasn't specifically identified in the contract then there isn't much you can do. These are the joys of buying a property unfortunately - how much does a new one cost? I would guess no more than $200 or $300? Just wear the cost or buy a normal vacuum
I've got a ducted vacuum system at home. It's awesome. Parts are cheaper than you think. Check out ebay for parts and just make sure all the measurements / diameters match.
if they are stonewalling ultimately you will have to take them to court which may or may not be succesful and will cost you a lot of money and probably wont be worthwhile.
Contact your conveyancer or solicitor. Was the original one there during your final inspection?