Should I Fix What The Purchaser Has Requested for an Unconditional Property Sale

Lmrhanky71 on 08/04/2020 - 09:41

Hi All,

Selling my first property and the purchaser has come through for their final inspection. The sale was unconditional.
They have stated that they want the following fixed before settlement:

  • Air conditioner remote is not turning on (remote just needs new batteries)
  • Light dimmer is not working as they do not have dimming globes in there (just needs dimming globes)
  • Wardrobe sliding door is catching more then when they first inspected it (might just squirt some wd-40 on the track)

My question is, do I have to fix these things for them to settle? Are these valid enough reasons for the purchaser to delay settlement?

Home & Garden

Comments

  • SnoozeAndLose on 08/04/2020 - 09:44
    +7

    Buyer buys what they see and they should have tested everything prior to signing the contract.

    Tell them bad luck, remind them there will be a penalty if they want to delay settlement.

    if you have a gas stove then now they are getting an electric stove, then you need to bring back the gas stove.

    There is no mention in the contract that a dimmable bulb will be provided so as to the workable remote control.

  • Muzeeb on 08/04/2020 - 09:45
    +9

    What petty sh!t

  • vikvance on 08/04/2020 - 09:50
    +4

    do I have to fix these things for them to settle? Are these valid enough reasons for the purchaser to delay settlement?

    No and no.

  • Hithere on 08/04/2020 - 09:59
    +5

    The sale was unconditional.

    Unconditional = Without conditions, limitations, reservations or qualifications.

    If purchaser persists tell them to either contact your Lawyer/Conveyancer or pull their head in.

  • cjbowden on 08/04/2020 - 10:00
    +3

    Yes they are being petty. However, whether you are required to fix them depends on whether these issues existed when they inspected the house before making an offer.
    If for example there used to be dimmable globes when you were having house opens, then you need to replace them now. If they were always non dimmable, you tell them ‘they were like that during your initial inspections’.

    You mentioned the door catches more than before. You have to fix that. Doesn’t have to be a door replacement, just lessen it to make it same as before.

    “It was like that when you inspected originally” is your friend.

  • PAOK11 on 08/04/2020 - 10:03
    +1

    Do nothing. If they ask, tell em it's done . Don't let them come back for another inspection. Settlement must go ahead or penalty interest is charged and rescission notice is issued.

  • spackbace on 08/04/2020 - 10:10
    +11

    It's a PITA, but isn't the PITA stuff just easier doing rather than milling over or discussing on here? Those things would cost you under $20 (depending on amount of globes. Could always just change 1 or 2 to demonstrate), under an hour of your day, and it's out of your hair and everyone can move on

    • JimmyF on 08/04/2020 - 10:21
      +2

      I disagree, its setting a precedent. What happens when they move in and give another list of items to be fixed on the unconditional sale place?

      • mskeggs on 08/04/2020 - 10:31
        +9

        After the seller is paid? Nothing.

        • JimmyF on 08/04/2020 - 10:47
          -1

          Clearly you haven't seen the threads on here or whingepool about buyers requesting all this stuff 'fixed' from sellers that isn't working post settlement. This buyer sounds like one of them.

          As I said below, have your Lawyer/Conveyancer put a stop to it NOW.

      • spackbace on 08/04/2020 - 10:32
        +1

        Pistols at dawn?

      • Phoenixzeus on 08/04/2020 - 10:35

        Ignore them and never see them again?

    • kahn on 08/04/2020 - 10:46
      +4

      The OP has turned what could've been an issue of one person's time (maybe 2 hours) and $20 into an issue for dozens of ozbargainers - a collective waste of time. I thought the internet and computers were supposed to make our lives MORE productive.

      • mrhanky71 on 08/04/2020 - 11:00
        +1

        oops replied to wrong person.
        But please…. you must be so productive if you have time to be browsing the OZbargain forums

        • kahn on 08/04/2020 - 11:13

          I'm referring to the ozbargain community, not myself. There are so many posts on the forum from people unwilling to:
          1) solve their own problems (thereby building character and resilience)
          2) seek the answer by contacting the one obvious source (the conveyancer/lawyer in your case)
          3) do a simple web search

          Have you ever heard of tough love? I don't mean the kinky kind.

          • mrhanky71 on 08/04/2020 - 11:44
            +1

            @kahn: 1) solve their own problems (thereby building character and resilience)
            At the end of the day, we are only seeking advice online. We will still have to deal with our own problems in the real world.

            2) seek the answer by contacting the one obvious source (the conveyancer/lawyer in your case)
            Yes, but just like anything, there are good and bad conveyancers. Would it hurt to get some opinion of others?

            3) do a simple web search
            I did, didn't find someone with the same situation.

            There's another kind of tough love?

            • kahn on 08/04/2020 - 11:51
              +1

              @mrhanky71: At least you're handling this discussion well. You didn't mention any conversation with your conveyancer/lawyer in your original post, so that makes us assume you have chosen to ask strangers on the internet to solve an issue that your conveyancer/lawyer has already been paid to handle and would be the most informative.

    • mrhanky71 on 08/04/2020 - 10:58
      +1

      hi mate, i get your point. it's easy enough to replace the batteries but i might have an issue with the lights.

      I'm worried that when I change the dimming bulbs that they will not match the colour/warmness of the other lights in the apartment and could potentially open up another can of worms.

      Plus, I don't really want to go shopping unless I absolutely have to these days.

  • JimmyF on 08/04/2020 - 10:19
    +1

    do I have to fix these things for them to settle?

    It was unconditional sale, so unless the contract called these items out directly as working, then no.

    Honestly your buyer is petty and if you fix these issues now they will just continue to nit pick asking for things to be fixed once they move in.

    Better to have your Lawyer/Conveyancer put a stop to it NOW.

  • RM on 08/04/2020 - 10:22

    That is very petty from the buyer.

    1. Remote batteries - I understand - but I would call it a cheap approach (from the buyer to point it out). Be the bigger person and gift him some extra to last the next year…

    2. Is this something which was supposed to be working (at the time of inspection/open house)? If yes, please get it. If the lights have a dimmable functionality but you do not have a dimmer installed, then they should get it themselves.

    3. Just pull out the sliding doors yourself and clean it (and spray)…Easy fix.

    All in all - the buyer is acting pricey - these are shit concerns considering a spend in hundreds of thousands.

    • JimmyF on 08/04/2020 - 10:49

      re 2 - Dimmer is installed, but doesn't have dimming compatible light globes, so they don't 'dim'. Guessing CF globes installed maybe? Anyhow these would have been installed when inspected before signing the contract of sale, so meh it is as it was when they signed on the dotted line, which also applies to everything else.

  • GangGang on 08/04/2020 - 10:43
    +1

    Wow. Just make the sale $100 cheaper and tell them to spend that money on the repairs, if you call that repairs.

    • tissue on 08/04/2020 - 11:52

      Just a tip, dont do this. Would probably eat up more in both the buyer and seller's solicitor/conveyancer fees than the $100. They will both charge both of you to amend the contract.

      Works for major issues (I sold a place which had water leak issues within a wall cavity, dropped $4k from the sale price) but for minor issues just fix it.

      • mrhanky71 on 08/04/2020 - 12:05

        good to know. thanks

        • AdosHouse on 08/04/2020 - 12:20

          Go to an ATM, get a $100 bill, hand it to them and call it shush money.

          I might think about doing it just to make they shut up and go away, batteries in remote is $2 and 1 minute, bulbs are cheap these days, and the door roller is a 5 minute job, just scrape all the gunk off the roller like an old mouse ball roller.

      • GangGang on 08/04/2020 - 12:31

        I thought it was still in negotiating stage and not already signed with unconditional sale, my bad.

        I wouldn't even worry about it. It should of been dealt with during negotiation. I would do as below just to keep them happy. A bit of cash to stop any hassles.

  • brendanm on 08/04/2020 - 11:06

    If they had asked nicely I probably would have just done it. As they have "stated they wanted it done", they can go jump.

  • Seraphin7 on 08/04/2020 - 11:33
    +3

    The sale was unconditional.

    Full stop.

    End of section.

  • elgrande on 08/04/2020 - 12:02
    +1

    Buyer is trying to delay..

    • mrhanky71 on 08/04/2020 - 12:07

      I think you may be right. They were supposed to orignally settle on the 13th of April but then requested to extend the settlement penalty free to the 27th after they had signed the contract.
      I could only give them a penalty free extension until the 21st as I had my own commitments which were reliant on them settling.

  • ihbh on 08/04/2020 - 12:17

    Why do you need to post this on a forum?

    It's chicken sh*t effort. Just do it instead of posting and you've got no more objections.

    • mrhanky71 on 08/04/2020 - 13:13
      +2

      Because the purchaser has been through the property multiple times and property condition has not changed from when the purchaser first inspected it.
      If I am not entitled to do it, why should I do it?

      • ihbh on 08/04/2020 - 13:21

        why should I do it?

        A sensible person would weigh up how long/much effort an adversarial approach takes vs a cooperative takes and then go with the lesser one.

        Don't worry about right or wrong. Just focus on getting your proceeds as quickly as possible.

        • mrhanky71 on 08/04/2020 - 13:34

          true… especially with the market being this unpredictable atm… better just to get them to settle and not deal with it anymore

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