Bad Final Inspection Advice Needed!

Bad final inspection advice needed!
Purchased a house had my final inspection today which had advertised to have appliances such as oven, dishwasher, gas log fire place etc

Today we tested the oven smoke started coming out of it! The gas log fire wouldn’t start and when opening the dishwasher it was falling out of the cavity!

There were other minor wear and tear things like some seals and lights not working but that is too be expected.

But these items where advertised on the sale?

I have contacted my conveyancer but she doesn’t work on weekends settlement is in 2 business days so does anyone have any advice for me?

I do understand that there might be nothing I can do and I may have to wear the costs but the over is a 15k oven so it is a BIG expense and was a big reason we paid a bit extra for the property


Its likely there is little i can do but ill give it ago the community seem pretty pessimistic which is to be expected it is Ozbargin. I dont expect much but ill chat to the convayencer see if I got any options if not just have to accept it and move on

———————UPDATE———————-

So basically im up 'ship creek' they fixed the gas log because that was working at the point of signing the contract (so that saved me a Plumber call out) but they gave me the old f*** off for everything else - i did argue if the oven and dishwasher dont work and arent safe they are technically 'rubbish' and it is the vendors responsibility to leave the place 'tidy' - however they also refused (but i expected all this)

I'm disappointed at the system because it allows this kind of deceptive behavior were sells can not disclose potentially unsafe appliances (i would accept if they didnt know but they essentially admitted to knowing)- they admitted to knowing the issues but sadly the law basically is 'on there side' which amazes me because this would happen all the time- I hope this is a lesson to people on Ozb if you buy a property add a clause that states 'all appliances must be in good working order at settlement' (god i wish i did)

I guess what annoys me the most is that i still would of purchased the property for the same price but it would of given me a chance to do some research and get a new oven and dishwasher instead it is a cost i wasn't expecting and extra work that i have to do on top of moving. I might of also drawn more money out of my current investments which requires some measure of planning and strategy…..

You live and learn i guess the people who gave supportive advice I thank you, it is good to know some decent people out there

closed Comments

  • +6

    Most people get a pre inspection done to check for any issues like you’ve mentioned.
    Did you pay for a pre inspection?
    Did you get a pest inspection done?

    • +1

      No i got it pre-auction offer but as i said it was advertised with all these things the gas log was actually working on the open for inspection

      I had a builder come out and look at it the building itself is fine the structure has no problems but the appliances they advertised a few of them have issues the main one being the oven

      • +3

        If you don't get a full documented pre inspection, then you are at fault. It's buyer beware. Spend money on a pre inspection to then negotiate a lower price if there are issues. You cant start whinging now and wanting to negotiate, you agreed to a price and now its yours.
        It is a learning experience for the next property you buy.

        • +4

          You can also get bad a pre-inspection company, which may not list many defects with the property and have so many clauses in their contract that the report is basically meaningless.

  • Does the property have gas?

    • Yes one of the gas logs were working the other wasnt

  • -4

    Today we tested the oven smoke started coming out of it!

    ummm most new products will let of a bit of smoke when heated the first time.

    • Im talking like a shit tone of it and it i was also rusted on the inside - it had double oven one was fine the other was like it was burning

      • +13

        It just hasn't been cleaned, relax.

        • +3

          username checks out.

        • Or cleaned with the wrong product. I once cleaned my oven with spay and wipe, Yeah don't do that !

  • Is this new property? If so, youll just have to get the builder to fix it up.

  • +19

    too be…these items where…but the over

    The house isn't the only thing plagued with errors.

    • -4

      The house itself is fine it is the appliances

      • +33

        Whoosh…

        • +47

          It went oven his head

          • -2

            @Hoobz: Up till this point this was the funniest thread I've observed today!

  • +2

    15k for an oven?

    • Falcon oven

      • Might be a bit more than $15k then.

      • +14

        You shouldn't eat those majestic birds, bro.

        • Bahaha well it came with the house

          If i have to pay to replace which it looks like i will have too replace it

          Im not spending anywhere near that for a new oven same size

          It will be the same size but not the same price

      • +4

        Would it do a good job of cooking my Woolies frozen chips?

      • No need to swear at it

  • -2

    You can choose not to go ahead with the purchase or ask for a refund on a portion of the purchase price as justified but what came with the house but is not in working condition. Sounds like the inspection was just rubber stamped.

    • +1

      I still want the house the property itself is fine

      the appliances are more my worry

      the big one is the oven it is a 15k oven and way a big selling point in the kitchen… the building is good

      Ill wait for my convayencer gets back to me apparently we can withhold some of the deposit because it was advertised to have these appliances

      • +1

        The oven may cost $15k new, but you purchased it used. The vendor may replace like for like which in this case is a 9 year old oven.

    • +3

      You can choose not to go ahead with the purchase

      On what basis?

      • -2

        I have no interest in not settling but i know that i need to raise my concerns pre-settlement if it is possible i will withhold some of the deposit i had a chat to a lawyer they said there is grounds to get it fixed otherwise we can take it to VCAT considering they advertised the house with those appliances i got a good case if they didnt mention them in the ad tho i would be shit out of lack apparently - i've already taken a screen shot of the ad so they cant take it down so hopefully i get some sort of compensation im not holding my breath but i thought i'd see if anyone had any experience

    • You can choose not to go ahead with the purchase or ask for a refund on a portion of the purchase price as justified

      Wot?

  • Oven’s 9 years old tho right so probly worth nowhere near 15k. Agree u may need a discount on house price to compensate but only a grand or two at best!

    • If i get 2 for the oven 1 for thw dishwasher ill take it

      • +15

        Dishwasher is like 300-600 max you loon. A oven worth 15k will be repairable.

  • +2

    I did a quick google search for Falcon ovens since I'd never heard of them. Most expensive I could find was $12,894 and that is brand new. You are buying a potentially 9yr old one, definitely not worth that much??? Also a bit of smoke, maybe it just needs a good cleaning?

    • They advertised it as 18k

      Best case you get one around 12.5k but you still gotta pay for installation

      But i take ur point its still an expensive over and was still advertised on the sales discrption

    • They go way higher than that. Falcon are high end.

      • -1

        Seems to be around 10k for brand new

        • +2

          They make way bigger and more expensive ovens than that.

  • Practically … settle the property and swallow the cost of replacement appliances.

    Simply tell the agent that you have some concerns regarding the items you've outlined and will be speaking to your conveyancer of Monday. See what they have to say. They will likely tell you to go through with the settlement as is, but may advice you to chase this up as a post-settlement issue.

    The fact is that the system is geared against buyers. If you do not settle, you're in a default position as the law basically says all "used" properties are sold "as is" and that the purchasers can only rely on their own pre-purchase investigations.

    See how you go, but you need to start managing your expectations about what's going to happen.

  • +3

    Agree that any oven is gonna smoke if it hasn’t been cleaned properly. The grease splattered inside burns when the oven heats up.
    At least it’s working…

    You could try to negotiate with the vendor but in the end it’s your job to inspect everything prior to purchase - the vendor is only required to hand it over in the same condition as the date of sale.

    E.g. 1. new hole in wall since sale = vendor fixes
    E.g. 2. Dishwasher is loose but it was always like that = your fault for not checking and adjusting your offer
    E.g. 3. oven is all rusted out but it was like that on date is sale = your fault for not looking in it. I mean it’s a fancy oven then surely you would have at least looked inside it?

    Think of it as buying a used car. If you didn’t check under the hood and you find out it has been running with no engine oil, that is your fault for not checking.

    Sounds like you are pretty keen on it either way - max a few k which is gonna be peanuts vs. % wise.

    • -4

      I get that the gas log was working on 1st inspection so i know they will have to take responsibility for that

      Ill try my luck - i chatted to a lawyer because they advertised it i have a case because they didnt disclose any faults but it was in the sale description

      Might threaten to pull out of the sale due to the grounds the gas log it was working on sale i got a case 100% there they might get scared because these guys wanted to quick settlement c how i go

      If nothing much comes of it im down a few k which isnt much when it comes the scheme of things

      But im going to take it as far as i can if i get 10-20k off the sales price ill be pretty happy if i get nothing then thats lyf

  • +2

    But these items where advertised on the sale?

    Are not these items in the sale? The condition would be irrelevant as it is not stipulated in the contract. Therefore you have no recourse, but there is no harm in attempting some form of negotiating with the vendor who is unfortunately not obligated to resolve any issued outside of the contract. Good luck.

    • As i've said the gas log was in working order at point of contract signed so legally he/she has to have it in working order at point of settlement so im well within my right to demand that

      but as for the other things you are right but with the gas log i have 100% the right to withdraw from the sale which im not saying i want too but i have every right too? do i not? in which case i will demand everything get fixed or else ill walk and legally they have to give me my deposit back

      if they agree to fix the gas log i got no recourse but do have some legal power

      • You’re going to threaten to bail out of purchase of a house due to a heater not working. Forest from the trees comes to mind.

      • You would probably have the right to ask them to fix it or withhold some funds from the price, I very much doubt you'd have the right to pull out of the sale without losing your deposit and probably more.

      • did your conveyancer/solicitor received requisitions on the property and most importantly at the time of the auction was there any doubt that the appliance not be in working order? What is included in the contract itself? Are the appliances marked as included because if they are then you will have a case against the Vendor under those grounds as the Vendor has the responsibility to disclose to the buyer of the status of the appliances even if it was an auction (auction you only waive your cooling off rights - not your legal right to recourse).

  • +3

    It is your responsibility to check if they are in working order BEFORE you sign the contract after the contract is signed. It means you accepted the condition of the house.

    Too bad and you need to replace all the appliances.

    • +1

      i dont think so consumer law - if you advertise something then it has to be in working order…. also as i've said the gas log was working at point of sale so i have legal power as i said since posting i've chatted to a lawyer

      • +1

        Good luck on chasing them.

        • +1

          Dont they need to chase me…? i hold the money

          • @Trying2SaveABuck: You are chasing them to fix it before settlement, there may be penalty for you not to settle or you need to spend money to sue them?

          • @Trying2SaveABuck: I assume you've already signed the paperwork. Which means you're on the hook, whether you like it or not.

          • @Trying2SaveABuck: No, the contract you signed will set out penalties if you don't settle on time. There will be a fee per day and after x number of days they can keep your deposit and sell the house to somebody else. If they get less money than you paid they may even be able to sue you for the difference.

      • +3

        i dont think so consumer law

        You may want to show your solicitor these links before they waste their time.
        https://avantilaw.com.au/private-sale-of-your-house-not-subj…
        http://www.maclarens.com.au/News-1392-Are-you-selling-land-a…

        Bruno Pisano -v- Georgia Dandris [2014] NSWSC 1070
        https://www.caselaw.nsw.gov.au/decision/54a63ed63004de94513d…

        Williams v Pisano [2015] NSWCA 177
        https://www.caselaw.nsw.gov.au/decision/558cd7e0e4b06e6e9f0f…

      • +1

        ROFL. It's not "consumer law". You buy as-is. That can include broken or faulty appliances if they were faulty at the time you inspected and subsequently signed the contract.

        The vendor isn't required to fix anything that was already broken.

      • What SnoozeAndLose has said is correct, it's your responsibility to check things are functioning prior to signing a contract or possibly shortly after if you had a subject to building and pest report clause.

        You might have some sort of a case if the agent specifically told you those things were working or if they are in a different condition that when you signed the contract.

        Consumer law doesn't apply when you buy a 9 year old house, if you buy a new house you get a builders warranty but other than that any problems a house you buy has are now your problems.

  • In regards to the gas log heater do you actually have proof it was working at time of contract being signed (did you take a video of it). You seem to be nit-picking stuff in the final inspection while you didn't look at these things during you inspections prior to signing contract (e.g. dishwasher falling out of cavity)

    If I was vendor and you were trying to take money off it I would just laugh as you will end up paying penalty interest and you will be the one losing $ out of a court battle. You probably want to keep it good with them as you may need to contact them in regards to anything about the house as they can just ignore you after settlement.

    At settlement you are lucky if they haven't left you a whole lot of rubbish they couldn't be bothered to move and I guarantee you there will be more things wrong with the place than you thought especially if they had furniture there or had the place staged during inspection time

    • -1

      This is fair point - certainly will be settling - i do have proof as i physically saw it working and i was with 3 other ppl at the time - the agent also admitted it however i know they cant be trusted because he is an agent

      As for penalties why would i delay settlement? i will tell my convayencer to not release to deposit i will still settle until a resolution to these issue is met they are out the deposit - financially i have nothing to lose? Im pretty sure i can do this if i cant id accept thats the cost of doing business but from everything i've read i got enough grounds to do it so why wouldnt i?

      At very worst drag this out to VCAT whilst withholding the deposit then they would need to explain why appliances were advertised that they knew didnt work?

      • Settlement won't happen if you withhold the deposit.

        • Then agent can sell it to someone else……..

      • Technically you have witnesses, not proof.

        I think you better read your s32 regarding penalties for the buyer.

        Please everyone reading this thread learn about the process before committing to a contract with multi decade implications . Otherwise you might find yourself with the wrong expectations and doing things which make the situation worse.

      • +1

        Don’t know about Vic contracts but in SA the purchaser takes on the risk of any damages and faults from the date of signing the contract. Purchasers must take out building insurance on signing a contract because if the house burns down they must still settle on the contract. As a party to the contract they have an insurable interest. If the gas fire was working at the time of signing the contract and isn’t now, unless the Vendor negligently damaged the appliance, then it’s the Purchasers expense to repair. You can turn on taps, flush toilets, switch on a/c, turn on ovens at an inspection to see if they are working before you sign a contract but even then if something breaks down before settlement it’s your expense.

        • -1

          Yeah i think it is the same here ill argue a few things probably get told too f***en bad if that is the case it is life but im going to raise my concerns if the agent is semi-honest (which lets be honest he probably isnt) i might get a few things fixed if not i dont lose anything.

          I've accepted its going to cost me at least an extra 10k to get everything going but if i get anything out of my complaining i'd be happy

          I do have insurance if it 'burns down' but it just sucks the system screws buyers over as most ppl at some stage will be a buyer and a sell if the system was a bit more honest it would make it fairer but thats life

        • Purchasers must take out building insurance on signing a contract because if the house burns down they must still settle on the contract….

          Really? That doesn’t sound right given signing the contract doesn’t give you right of access to property.

          Least not in Victoria, as the vendor still has to remove their stuff etc.

          South Australians really are a different bunch haha

  • +3

    You should have had a special condition put in your contract/offer that the vendor warrants that all appliances are in good working condition for settlement, if you had done that then it would be easy, now you basically have to hope that the vendors will look at the appliances and could make some monetary adjustment or repair if it is justified.
    You can't hold back monies any longer in Victoria and could find yourself in trouble if they have an on the ball solicitor on the vendors side, speak to your conveyancer that's what you pay them for.

    • agree to points mentioned by gersman

      also you didn't mention if it was purchased as is auction or private sale. usually VIC auctions waive guarantee on appliances as its often sold 'as is condition'

  • +2

    Don't know what state you are in bud but there should be a section in the contract about fixtures and fittings. Any fixed items or appliances must be in good working order at final inspection. You can negotiate for a lower price or the owners can elect to fix.

    Have a look through the contract mate and then get the property manager involved. Also keep a log of all emails and phone calls, we had dramas with structural and some appliances which were fixed by the owner after our inspections. I also suggest taking a registered builder/inspector with you on the final day as you can have 2 people accompanying you.

    Good luck mate it's definitely a stress machine buying established

  • +5

    I'm not quite sure why there's so much pessimism - if items are included in the description of a property for sale, a reasonable person would expect them to be in working order, unless specified in the section 32 (Victorian law, but may not happen in other states).

    I have personally been involved in a property transaction like this before - my parents bought a house and on final inspection it turned out the AC was broken, they'd put nails over the fuse circuits and taken half the curtains and light fittings with them. We raised it with the conveyancer, REA and our solicitor after finding out.

    We delayed settlement until it was fixed (incentive for REA to be on our side, as commission is paid on settlement) and it was all sorted very quickly

    • +3

      Yea because of Ozb are mostly numpties. Some don't even read the question and jump straight into 'advice'. Really don't understand why people bother asking non bargain related questions here.

      • +2

        Yea lotsa armchair warriors around here. I’d imagine most of them haven’t gone through the settlement process themselves, or at least even understand the legal nuances associated with each state within Australia.

        Let the neg votes begin! 😁

      • Every now and again ive had some good Advice there is a load of bogan idiots on ozb but there are also some really smart ppl

        You learn to filler the morons in the past it has helped so i usually pht things to the community most negative ppl dont read or understand the situation but there are genuine ppl wwho wanna help wen ppl post issues if i have helpful advice i like to think i can contribute but often i cant

        • yeah true, there's a few smart people on here but reading through all the garbage and pointless tangents does my head in. Then again that's the internet I suppose.

        • Yea when dealing with the ‘general’ public, unfortunately you deal with people from all walks of life. I tip my hat off to those who works in retail and hospitality. Humans can be quite nasty, and given the audience of OzBargain is the ‘general public’, it is probably fair to assume that the same demographic applies.

      • Lots of people eager to tell others they're in the wrong.

        • On the flipside doing the opposite of what people tell you here generally yields great results. Not all lost.

        • Welcome to the internet

  • You probably just need to get the gas pilot lighter to turn back on or replaced, this happens when the gas heater hasn't been used for a while.

    Oven needs a clean, such an expensive oven, would be a nice house. But I don't believe you understand that land appreciates, the house and appliances depreciate.

    Holes in walls will cost you $10 of filler and $5 of paint sample pot from bunnings.

    Man fixes things.

  • Pretty sure you can negotiate to get them fixed, or renegotiate the purchase price so settlement isn’t held up.

  • 15K oven!
    Does it come with a chef?

  • I'd suggest that you delay settlement to pressure them to do something, but you may need to get an expert report, and not just your opinion, on what is broken. And even then, I doubt that they are compelled to do anything. But once they issue you with a notice to complete then you will have to complete the settlement, and game is over.

  • Hopefully the house comes with a dictionary and a big pile of full stops.

    • Interesting choice of collective noun you’ve chosen for punctuations/letters. I personally prefer a ‘showbag of full stops’. Thoughts?

  • I'm sure you'll get over it.

    • Is that the same as building a bridge and getting over it? What if the bridge is not working as originally sold/intended? Maybe a final inspection might help? 😉

  • You need to get legal advice. Please don’t rely on these forums to make the decision for you.

  • on the dishwasher there is usually two small rubber plugs on each side at the front just inside when you have the door open. remove these plugs. if there is no screw in there then screw one in (then replace the plugs). problem solved with the dishwasher falling out of cavity issue.

    Oven grill elements often get coated in grease from baking etc as they are not used very often so don't get a chance to burn off the grease. If the smoke was bad when you turn the grill element on then just leave it on a little while and the grease will burn off or give it a wipe beforehand. if it is the oven itself I would try the same. It might just need a good clean or use.

    try and get a quote to fix the gas fire and present this before settlement. (don't forget to install a gas sensor/monitor/alarm)

    good luck..

  • What sort of gas fire is it? We have one with burners in a grate and fibreglass loss that sit on top, and the flames vary depending on how you arrange the logs. If it's like that maybe one of the logs moved and just needs repositioning?

  • I think you might need to ask the people on ozfancyhouses.

    A falcon oven and 2 gas log fires? I know we're all quite wealthy here but put up your hand if you got at least one falcon oven and 1 gas log fireplace.

  • +1

    I was in the same situation 6 months ago.
    If you have a good convenyancer (which i did) you would get either an agreement that they will fix it or money for compensation
    Hope this helps,

  • There is nothing in an oven to produce smoke except for either fat spattered on the element or it hasn't been wiped out properly after cleaning. Either of these things can be fixed by putting the oven on high and opening the kitchen doors and windows. Smoke will stop after about 10 minutes.

    The dishwasher will just need some anchoring screws either through the top or sides to fix it to the cupboard, or alternatively wind the legs up to make it a tighter fit against the top of the cabinet.

  • You buy the place in the condition it was presented for inspection. If it differs greatly you have the right to rescind or ask for an adjustment in the price. However the seller can claim its up to the buyer to check these things out and that is how they were during the inspection.

    • I reckon it is really realistic for each potential buyer to rip open the oven and check all the fittings etc during the initial home open. Fantastic idea!

  • What's the point of a final inspection if not to ensure things work and look as originally described? Am I missing something? Isn't this just a run of the mill couple of issues to fix (if broken) or deduct from the final price? Are we as usual overcomplicating and/or overanalyzing?
    And yea I'm sure the problems are much of a muchness. It's pretty common to overreact when purchasing presumably a million+ investment. It's a natural human reaction.

    • Ill find out tomorrow see why the convayencer says

  • If it is not in the contract special condition (eg all appliances must be in good working conditions), legally there may not be much that can be done but hoping for the vendor's goodwill to repair it or reduce the price.

    At the end of the day, used house, used car or used underwear; buyer beware.

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