**UPDATE- Real Estate Agent Being Shifty. Final Inspection Found Two Wall Mounted TV's and Damaged Wall inside A Wardrobe

Recently I bought a house and have my settlement date end of this week. Last Saturday, I had my final inspection and found out that owner left his two TV's hanging on the wall.

When I called the agent today, at first he said that owner will not be taking the TV as they are part of fixture but then he said that he will take the TV's but not the wall mount as they are part of permanent fixtures. I said to him if TV was a furniture then wall mount is considered part of part it and should be removed and any damaged caused to the wall should be fixed by the owner. But he said that I should be talking to my lawyer as he or the owner won't do a thing.

There is also a wall slightly damaged that I could not find as damage is in the walk in wardrobe and hidden by owner clothes when I inspected the property initially couple of times. It came to my attention during my final inspection after owner vacated the property. So I don't know if that wall already damaged and owner intentionally hide it from me or damaged it while moving. Upon bringing this up with the agent, he said its up to the owner he wants to fix or not.

What should I do in this case, what are my options here. Any suggestions.

P.S - Contract mentions that all fixtures and fittings cannot be removed.

Thanks again and appreciate everyone's prompt response.

**UPDATE - Thanks everyone for your input. Appreciate it. Finally we came to agreement that he will leave both the TV with bracket for free. And I did talked to my solicitor they said legally vendor has to take the tv brackets with them and fix the wall too. But I did not wanted to get into that hassle ( like everyone suggested) and sort things out with seller directly.

Thanks again guys, for sharing your thoughts.

Comments

  • +22 votes

    If all of those things were there when you inspected prior to purchasing then it’s really your own fault for not raising these sooner.

    The wall mount is really 50/50. If the owner took it and you wanted it, would you be annoyed it was no longer there? I wouldn’t say they’re obligated to remove it. You wouldn’t have expected they remove shower rods/curtain rods/etc.

    And the damaged wall is definitely on you for not inspecting closely enough.

    Edit: just read in your post that the contract says fixture and fittings cannot be removed. Therefore you definitely can’t expect them to remove the wall mount.

    • +3 votes

      I don't understand why people can't be a bit nice.
      Saying "it's your own fault" is a bit blunt isn't it?
      Don't want to be rude but just checking.
      It would have been more empathetic.

      • +3 votes

        How's that rude? How could he have better said that?

        • +1 vote

          "then it’s really your own fault for not raising these sooner."

          changed to:

          "you really should have raised it sooner."

          •  

            @drakarn_123: Really? Bit soft if we have to change the sentence to that, aren't we?

    • +1 vote

      It's the buyers fault for not go through the vendors clothes and smelling for sh!t apparently.
      Thanks for being so helpful.

      •  

        Literally yes. When I bought I opened every single cupboard and random door to see what I was getting myself into.

        Vendors/tenants should know that serious people will do this, and if they don’t like clothes/items being there then they need to move them.

        Prospective buyers should not be scared to do this when they’re considering making a purchase of this size. People open boxes when buying electronics, and other small scale items, to check that everything looks ok, so why wouldn’t you do the same with a house? Otherwise you get what’s happened here.

  • +6 votes

    what are my options here

    They know it is too late to renege your contract, speak to your settlement solicitor.

    Not sure what you are looking for, don’t expect compensation, if that is what your seek. All (non new) properties are sold as is, warts and all. Don’t expect any warranty claims it isn’t a brand new property.

  • +7 votes

    Shouldn't said anything about the TVs. Just the damaged wall. The two TVs would probably pay for the damaged wall.

    REA won't do anything as they are paid by the owners. The owners don't care either, unless you decide to withhold settlement.

    • +3 votes

      Of the previous owner is leaving them there, they're probably not worth anything.

  • +1 vote

    The contract states all fixtures cannot be removed, he has no obligation to remove the wall mount.

    As for the damaged wall, you should speak to your solicitor to come up with a strategy. It is all about negotiating in good faith as it is always WYSIWYG for the buyer, unless there is evidence of the vendor misrepreseting or hiding information on purpose.

  • +2 votes

    Why not sell the tvs and mounts on gumtree.

  • +64 votes

    The amount you're spending for a house in Melbourne, yet squabbling over some minor patching of walls…

    Srsly?

    • +2 votes
    • +4 votes

      To pull out of the sale would cost way more than the price of repairs. Plus they'd probably be able to sell it for a higher price now than when OP signed the contract.

  • +3 votes

    That is generally correct (unless otherwise stated in the contract). Wall mounts are part of the fixtures, so come with the house. If you want them removed, you can do that yourself and patch the holes. Even if you got a handyman to do it, a couple of hundred dollars isn't worth you holding up the contract for.

    It's similar to dishwashers. The ones fitted underneath a bench are normally included, where as a free standing one may need to be written into the contract.

    What should I do in this case, what are my options here. Any suggestions.

    As you already suggested. Talk to your lawyer/conveyencer. That's what you pay them for, and they have a copy of the contract already.

  • +7 votes

    But he said that I should be talking to my lawyer

    Probably the only true thing this agent has ever said to you

  • +5 votes

    The TV mount if a fixture and should be left by the vendor. They should take the 2 tv's but if you really don't want them you could always sell/give them away.
    The damage to the wall caused by the mount is your responsibility, it was there when you inspected the property so they have no obligation to fix it.

    Unless you can prove the damage to the walk in wardrobe was caused after you inspected the property then they have no obligation to fix it. By your own admission it was blocked by clothes so you didn't see it so you can choose to fix it after settlement if it bothers you. It is normal to have clothes in a wardrobe, them being there does not mean they intentionally hid damage from you.

    Unless you buy a brand new house, every single house will have some existing damage, there is no obligation to fix issues with a house before selling it.

  • +15 votes

    How is the Agent being Shifty?

    You really need to take a chill pill.

    As you say, they advise you to talk with your lawyer.

    The Agent has spoken to the Vendor, and told you already what the vendor is prepared to do.

    The Agent can’t make the vendor do what you want. It’s now a legal matter which you need legal advice on.

    As others have indicated you are probably legally unable to make the vendor fix the issues that concern you.

    However just like this so called, by you, “shifty” agent says . Go to your lawyer. They may say.

    Your wrong, you can’t do anything, as indicated by other posts.

    Your right, but it’s going to cost you more than it’s worth. - that is you force them to do the work, but you have to pay your legal costs. Keeping in mind when you do fight the vendor could have a smarter lawyer.

    Or jackpot, you can take them to the cleaners and fund your retirement (and the lawyers retirement as well).

    But fact is The Agent isn’t being shifty, just being honest with you. Unusual for an Agent maybe.

    •  

      I think OP's opinion of REA being shifty is based on

      When I called the agent today, at first he said that owner will not be taking the tv as they are part of fixture but then he said that he will take the TV's

      OP is upset that they're not getting "free" TVs.

      From the wording of OP's post, owner did not agree to give the TVs to the REA, owner only stated that they were leaving them behind. REA figured they'd score some TVs as they are not part of the "fixtures" of the house and thus aren't included in the sale (assuming nothing mentioned on the contract).

      IMO, it is a bit shifty that owner is leaving the TVs behind, but the REA is taking them.

      • +1 vote

        at first he said that owner will not be taking the TV as they are part of fixture but then he said that he will take the TV's but not the wall mount as they are part of permanent fixtures

        Its in the wording, and its not clear which person is taking the TV's

        Is the REA saying he, meaning himself or he, meaning the owner.

        So we dont really know.

        My take is that the vendor thought the TV's were attached to the fitting as "one fixture" but when the OP said he didnt want the TV's, the the vendor said ok he would take them, but not the fittings as that would be considered part of the sale under the contract.

        I do think you are right that the OP has now realised he should have kept the TV's especially as the vendor has originally assumed they must leave them, but thats probably too late. However thats what their legal adviser should tell them.

        What the OP should have done was talk to the legal adviser first before making the complaint. Far wiser to know your rights before acting.

        •  

          Its in the wording, and its not clear which person is taking the TV's

          Is the REA saying he, meaning himself or he, meaning the owner.

          So we dont really know.

          True. I'm thinking now it's as you say: OP asked about TVs, REA said owner won't take TV's as they are a fixture, owner backtracked and is now taking TVs but leaving mounts.

          I do feel for OP - mounts fitted to wall but no TV, so will either need to use existing fittings for their own TV, change fittings or remove and patch the wall. Could have kept his mouth shut about the TVs and kept them.

          But as others have stated - house is sold as is. Owner is not obligated to patch holes from taking appliances not sold with the house.

          OP may be expecting a handover similar to what you'd see with a tenant (the previous owner) moving out of a rental property?

    • -2 votes

      I hope you are not that agent…LOL

      •  

        No, unfortunately I just pay commissions rather than collect them. Lol.

        Btw thanks for providing the update, many post requests for info but don’t let us know outcomes.

        Your best advice was from your solicitor, and no I’m not related to any of those either😀

    • +2 votes

      Please use more paragraphs this is too hard to read

  • +22 votes

    Congratulations on your new house complete with 2 TV mounts. You should check ozbargain for a great deal on some TV's to mount on them.

    •  

      LMAO

  • +1 vote

    cancel the contract, rather lose out the valuen of the home than get a house with defects!

    also its not shifty, it's normal practice.

    •  

      A husband and wife can’t be jailed for the same crime. wink
      …I don’t think that’s true.
      (Pause)

  • +28 votes

    Deal breaker. I'd never buy a house with a slightly damaged wall inside a wardrobe, I'd never be able to sleep in that room.

    • +6 votes

      I don’t blame you. If you don’t know the right incantations it will be a weak point for ghosts to enter. Most builders/handymen don’t know them either so even after repair ghosts can still get in…

      • +6 votes

        That's very true but looking at this from a positive point of view it could also be an entrance to Narnia, although I'm not willing to take that risk.

        • +2 votes

          The odds of it being an entrance to Narnia are pretty small as you need to take into account other entities such as shadow men who also use cracks and damage as doorways.
          I bet OP never even did a check for shadow men.

          • +1 vote

            @mapax: Isn't that part of the pest inspection?

            • +2 votes

              @dizzle: You’d think so, but most pest inspectors wouldn’t know a shadow person from a night-hag. One minute you’ve been given the all clear, next minute you wake up at 03:00 pinned to your bed and paralysed by a night-hag.

        •  

          You'd probably have a fantastic adventure and then after going further up and further in a few times realise that you actually died when the wall collapsed with a sudden jerk and threw you all into Heaven/Narnia.

    •  

      you are right, the 🎻 is strong on this one.

  • +2 votes

    This is why people are crazy to buy right now, people are in such a panic to get the property they simply dispense with thorough inspections.

    But maybe that's what you wanted, a surprise, but quick and hope you got something good.

    And it is pretty much down to the lawyers when it comes to details.

  • +5 votes

    Don't sweat the small stuff now. You'll have far more to worry about when the real estate market pulls back some over the next years as interest rates rise.

  • +3 votes

    You can't say the wardrobe damage was new if you didn't check it at an earlier inspection because clothes were there.

    TV mounts are easy to remove and a wall can be repainted.

    Small fry stuff really. You're bound to find other issues too with an old house.

    You should speak to your solicitor if these things are bad enough for you to lose sleep over, otherwise accept it and be prepared to do some house work/repairs.

    This issue though seems more an ill-informed buyer than a shifty REA….

  • +1 vote

    Usually any specific appliances that are staying are itemised in the contract. When we bought our house it specifically listed the dishwasher and air conditioner (even though it would have been ridiculous to remove a reverse cycle air conditioner). TVs are not really fittings and fixtures, they are appliances.

    I wouldn’t worry so much about the damage in the wardrobe you’ll probably want to change the layout anyway If it’s just a small plaster job consider it the start of many such things you’ll have to repair as a home owner. If you’re going to ask for it to be fixed, you’d be best to go through your solicitor, but ask if that’s included in your package or an extra cost.

  • +5 votes

    R u really worried about this? Ffs do it yourself, cost 100 bucks.
    You probably just overpaid to buy a house at the peak.

    •  

      Yep, clear signs of buyer's remorse here.

  • +3 votes

    The last place I moved into, the previous owner left a TV on its wall mounts. I sold the TV on Marketplace, and put my TV on the wall mount - worked out in my favour as I didn't need to install the wall mount myself. I would have been annoyed if they left holes in the wall if they took it with them.

  • -1 vote

    You could always get some bikies involved!

    •  

      to wreck the to-be house ? :D

  • +1 vote

    Most people would be happy to score free TV's. I mean, you can sell them, which is probably what the real estate agent plans to do.

    Also, you are buying a secondhand house, but sounding like you are expecting it to be like a brand new build. You will always find some surprises once all the furniture and things are removed from a house. That's life. Just fix the things you find to be so problematic.

  • +6 votes

    You spent hundreds of thousands on a house and are stressing about a few $100 to patch a few walls? Don't you have more important thing to worry about?

    Buying anew house is meant to be a happy time. Get over it, move on and enjoy your new house

  •  

    i am wondering if the OP has a building inspector go over the place. Looking for real issues that could be $$$ problems in the future, rather than nick pick on cosmetic items.

    • -1 vote

      Yes I had the inspection. Nothing major

  • -1 vote

    Ignore the small stuff. Yes the owners are being d***h**** but its normal behaviour. You may even find yourself doing the same when you are selling.

    Seller's market. Just fix it yourself. Hope the TV's fetch a good price if you decide to sell.

  • +2 votes

    Last Saturday, I had my final inspection and found out that owner left his two TV's hanging on the wall.
    When I called the agent today,

    If you wanted the TVs why did you say anything in the first place? One can only assume you didn't want the TVs as you said something.

    Its 50/50 on if the TV would be included as part of the wall mount.

    The wall mount is a fixture, but the TV not so much as it can be unclipped.

    So I don't know if that wall already damaged and owner intentionally hide it from me or damaged it while moving. Upon bringing this up with the agent, he said its up to the owner he wants to fix or not.

    Yes I'm sure the owner must have hung clothes in the wardrobe to hide the damage. I mean what else do you use a wardrobe for?

    This one is on you too for not checking. Buying a house is never going to be perfect and will always have hidden issues. Honestly not worth worrying about. Save the legal fees and get a handy man in to fix it.

  •  

    Why is this such an issue? If you don't want the tv or mounts, just remove them

  •  

    You are spending how much and are worried about $1k-$2k of wall damage?

    Just wait till you move in. You'll be spewing.

  • +2 votes

    Sold a house with the very situation.
    Legally we were required to leave the tv Mount (but not the tv)

    Tv is a fixture
    Mount is a fitting.

  • +1 vote

    new topic coming
    selling two tvs and two wall mounts!

    •  

      But buyer didn't collect… Can I sue the buyer?

  • +6 votes

    Probably just dropped what, $900k on the house? And complaining about $20 worth of materials from Bunnings to fix the damage. 😁

    True ozbargainer?

  • +2 votes

    I was happy when I found the owners left the wall mounts at the place we bought. Saved me having to mount new ones with different hole pattern. There's an unused wall mount in the kids play room that I don't think was ever used, but it's a play room so I don't care that it's still hanging there. Might hang a TV on it at a later date (weirdly, the power point and aerial point are on a different wall to the TV bracket…)

    I did make them come back for the desk, chair, BBQ, and outdoor setting (2 chairs + table) though. I had no need for any of that and would have had to pay to dispose of them. I ended up helping move most of it to the neighbours garage (the sellers parents live next door).

  • +1 vote

    Go to your local Bunnings and get some cheap plasters, paint and tools to apply them. Probably costs $50 and a couple of hours of your time.

  • +1 vote

    This is not a big deal and expected. Sounds like a quick fix. Drama queen Op?

    •  

      he sounds like fun at parties

  •  

    If you're having your interior painted anyway then your painter should be able to remove any fittings, brackets etc. and repair any minor wall damage for you. Atleast that's what mine did when I purchased my house. Not a big deal at all.

  • +2 votes

    2 free tvs and the wallmounts? now that's an ozbargain

  •  

    This is so minor compared with the headache of buying a house and the fact that so many people can't even afford one that's it's not even worth writing about on ozbargain let alone taking some action.

  •  

    I'm happy to burn your house down if you're unhappy. Plz call.

    •  

      Probably cheaper than bikies too

  • +4 votes

    What a sook

  • +2 votes

    This guy is wasting people time. Read the contract and discuss before settlement. This Op must be some young first home buyer thinking others will do everything for them. How hard is it to patch and paint the wall? Start learning from bunnings mate.

  • +4 votes

    OP is completely in the wrong.
    /end thread.

  • +3 votes

    And I did talked to my solicitor they said legally vendor has to take the tv brackets with them and fix the wall too.

    Lol.

    You have a shit solicitor.

    •  

      A good solicitor always agrees with their client.

      • +1 vote

        Not really. A good solicitor will fight for the clients want/needs, but will know the rules and inform the client of the truth.

        Most likely he just went to the other solicitor and said "I don't think it's worth either of our time to fight over this…If you leave the TVs (as they were going to anyway), I think he'll drop the issue of the wall hole"

        •  

          That would be an excellent lawyer.

  •  

    Congratulations on your two new tv mounts and the hole in the wall. You own them all now, including every other problem with the house.

    The vendor was under no obligation to fix the hole, unless it was caused between selling the house and moving out.

    Enjoy.

  •  

    Hey congrats on the house dude! The end of a settlement can be a really stressful time and little issues can seem like big ones.

    This is a little one.

    You're getting an empty house, free for you to do whatever you want. If you're like 50% of homeowners out there, you want to do at least some slight renovations - new paint, light fittings, electrical, that sorta stuff. As part of that, you're now going to learn how to fix holes in a wall, specifically those left when (if) you remove the wall mounts and the damaged closet wall (if it's not too damaged). It's really not that hard, check out YouTube for tips.

  •  

    why didnt you go talk to your solicitor before coming here to post on Oz bargain lol