The current owners of the property are doing a simultaneous settlement for their purchase which means that they're settling their new property as we are settling our transaction. That means that they are moving out the same day as the settlement.
I want to be able to do a final inspection AFTER they move out to ensure that it is somewhat clean and no rubbish has been left behind. Can I do that?
Don't ask the agent, tell the agent. Tell your solicitor/conveyancer as well.
It is the vendor's responsibility to provide vacant possession (assuming the contract says that) in sufficient time for you to be able to inspect the property prior to settlement.
I've just been through this exact situation.. Our place settled the same day I settled the new place.
had final inspection few days before settlement. Most of their stuff was out. Most of our stuff was out. Neither house had any issues - although the people buying my place complained about a couple of bits of grass on a tile in the bathroom and wanted $ … conveyancer told them to tell their story walking.
question:
How are you going to complain about things being wrong after settlement? its your problem
Well, The vendor CAN move out as late as the settlement day (at least in QLD). And once settled it is yours and they won't have to clean anything.
The only way how to enforce this is to put the condition into the contract or ask nicely during inspection PRIOR TO settlement.
Look at it from the long term view - though cleaning after the previous owner is inconvenient, it's just a small bump on the homeownership journey.
You could have saved your 10 mins by calling the REA/your lawyer and ask them this question instead of typing all these stuff online and review responses .
Thanks everyone. The REA dodged my question, I will push for it further.
At this point the REA probably won't care and doesn't work for you. The deals done, and he knows the contract won't fall through over small things like cleaning or missing items (if anything, it just adjusts the price slightly).
Your conveyencer/solicitor works for you, and they are the ones that can argue and I'm sure they have ways to delay settlement if things are not correct. Talk to them and see what they suggest. They'll probably suggest to the sellers to pass the keys over x (a couple of) hours before the stated settlement time so you can walk through, then settle once approved.
This has got disaster written all over it…
And if there is some rubbish and a dirty toilet after settlement what exactly do you propose to do about it op?
It's more the risk that they leave a pile of asbestos and needles or something that's truly nasty. It pays to cover your arse.
When doing these inspections, you need to keep in mind what is that you inspecting.
Remember … you've already agreed to buy the property, you're now just checking that everything that was included in the contract remains and that there has been no material alteration to the property since then prior to you taking possession.
This inspection is not to find everything that's a bit grubby, suffering from wear and tear, or "not quite to your liking". That was the job of the pre-purchase inspections.
If your concern is a bit of cleanliness/rubbish left behind, frankly you've little to worry about. The place ain't gonna be perfect in any event and its certainly not the thing to go fiddling around with settlement over. A few hours' hard work will resolve that problem far more quickly and cheaply than rattling around solicitors and real estate agents.
To answer your question, you can do your pre-settlement inspection at any time prior to settlement that suits you … but, also remember that the property is in the possession of the vendor until it settles and ownership transfers to you. By extension, they can have unfettered use of the property right up until that point.
Thanks for explaining this well. So many people don't understand it, probably because they are confusing it with rental inspections.
Really. I wasn't confusing this with a rental inspection. All those confusing this with a rental inspection please neg this reply.
Unless your contract has included this, it is unlikely remedial work due to your inspection after settlement is enforceable… It is not like you are moving into a newly built place.
But check with your solicitor.
Personally I feel a final inspection is needed. We purchased a house and the day of settlement we rocked up for the final inspection to find that the owner had removed doors, removed powerpoints leaving wires exposed, cut wholes in security mesh, put animal food through cupboard etc. she was a little unhinged and was trying to get us to cancel the contract (divorce was not amicable and she didn’t want to leave). Our solicitor issued some kind of notice to them to remedy the issues but settlement still went ahead. I think some money may have been withheld until issues were sorted but I can’t remember,
Edited to add: I know people who have done simultaneous settlements but in reality they pack all their stuff into shipping containers and the house is empty prior to the actual settlement time, they then have the stuff arrive at the new place once settlement is complete.
I found the opposite 🤣. I found added features I had no idea about. Things like security doors and even a security camera system. (Agent said it was a fake camera to deter). Little did he know it was an expensive box and cameras.
Ours moved out the same time. But it was empty and they were even mopping the floor for us.
They let us look around as well. This was during a lockdown though, so the rules were harsher but any recourse would have been through our solictor.
Keep pushing the agent with the use of your conveyancor or solictor.
Real Estate Agent is a Sellers Agent, they work for the seller not you.
My biggest concern is more they have narrow hallways, tiled stairs and fairly heavy-looking furniture. A missed step and they could be cracking tiles and smashed walls. I know better than to expect a mop and a vacuum.
I spoke to the REA and they can't get early access to their new property and they'll start moving very early in the morning. I said just let me know as soon as they are out and I'll swing by for the inspection. I'll update my conveyancer too.
If stuff in the house is actually broken your conveyencer will help you withhold money until it is fixed. In my case there was a hailstorm just before settlement and the pergola roof was smashed. Money was withheld from the seller until she got it fixed, if she didn't get it fixed by a certain date we could keep the amount withheld.
The owner isn't required to clean though.
Ask your REA…