Should seller fix the glass and ect.?

S

snowwhite

I had building and pest inspaction done today .
Only problem for the building is some wall with dity marks and one small window glass got a crack.Owner is still living in until settlement ,is it their resposible to fix the glass and print the walk and cover the marks?

with the pest,The pest inspertor says,they are som holes on the out side of the walls,which for put chermical inside to prevent the termites .But the last time he had add the chermical is 6 years ago,the company's segistion is once 5 years ,so should they ring up the company to add the chermical before the settlement ?
Thanks!
 
snowwhite said:
I had building and pest inspaction done today .
Only problem for the building is some wall with dity marks and one small window glass got a crack.Owner is still living in until settlement ,is it their resposible to fix the glass and print the walk and cover the marks?
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Was the crack there when you signed the deal? If so, you have technically agreed to buy it "with the crack in place".

The Y-man
 
If I asked the seller of my house to do everything the inspection turned up, they'd be spending $50k and the house would be worth quite a lot more than we paid for it.

What you get is what you see - the building/pest inspection is to turn up things you *can't* see, so if a huge termite nest or something is found you can back out of the contract or renegotiate the price down to compensate.

Dirty marks on the walls only count for entry/exit reports when you are renting, not buying.
 
As I see it a report is for your own information only.

Once in possession of the report it is your perogative to proceed or not. It is the vendor's perogative to correct or decline to do so.

Pay up or walk away.
 
The only thing that the vendor is responsible for is that the property is in the same condition as when the contract was signed. They aren't responsible for repairs on the property if you've said "You'll take it", which means as is.

Plus, be thankful that the building and pest only turned up a cracked window and a small crack, it could be a lot worse - Plus it's only going to cost may be $200 to fix, no big deal.
 
snowwhite said:
I had building and pest inspaction done today .
Only problem for the building is some wall with dity marks and one small window glass got a crack.Owner is still living in until settlement ,is it their resposible to fix the glass and print the walk and cover the marks?
Click to expand...

What the others said .....

When you negotiate the purchase price all these items should have been deducted from your original offer to cover the cost of replacement, repair or unforeseen problems.

Unless it's something major you can't really expect to negotiate a price and then ask for minor things to be fixed by the seller after an agreement is reached. If it's something structural, then fair enough .. negotiate away.

If the items you mentioned are all that was found then you should be very happy.

Mystery
 
I'm with everyone else. The report is for you and not as a tool to be used to have the vendor make superficial repairs before settlement.

If that's all that came up in the building inspection then it sounds like you have a good solid house. The vendor will know this too.

So bottom line is as SF said, pay up or walk away.
 
well,I am a first time buyer ,guess you guys are all many times seller!:rolleyes:
hhehe,anyway ,I will just forget about it ,even I didnot notice the crack on the glass window and all the dirty marks before i sign the house ,I just took 10 mins inspected before I buy it .
 
snowwhite said:
well,I am a first time buyer ,guess you guys are all many times seller!:rolleyes:
hhehe,anyway ,I will just forget about it ,even I didnot notice the crack on the glass window and all the dirty marks before i sign the house ,I just took 10 mins inspected before I buy it .
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We generally get the inspection done BEFORE making the offer - this way our offer amount allows for repairs etc.

The Y-man
 
Keep in mind that if the house was in faultless order then the asking and selling price would be more.

The same would apply for a run down 'renovators delight' in that it would be priced accordingly. You would hardly expect the vendor to fix things in that situation.

If in a situation where a contracts building clause gives you the opportunity to break the contract and faults discovered are major and costly (and don't reflect the sale price) it would be reasonable to try to renegotiate.

Bottom line however is a vendor is not bound by the contract to fix anything.
 
What about the pest ? Should owner ring up the company to put chemical on the wall ?
As this chemical is working for 5 years only ,they should done it last year !!
 
snowwhite said:
What about the pest ? Should owner ring up the company to put chemical on the wall ?
As this chemical is working for 5 years only ,they should done it last year !!
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Only builders and some tradesmen are required by law to undertake pest treatment and that's only when doing new building work - owners aren't required to do this let alone keep pest treatment current when onselling property. So no, the vendor does not have to do this.
 
hahah,your guys all got wrong .
anyway,my solicitor wrote to the seller agency and house seller,ask them to re-print the marks in the walls ,fix the glass and etc.and owner agreed !
I will have everything fix !
so next time,when you met the same seuation,you gonna always ask them to do it ,and see what they will react !
 
snowwhite said:
hahah,your guys all got wrong .
anyway,my solicitor wrote to the seller agency and house seller,ask them to re-print the marks in the walls ,fix the glass and etc.and owner agreed !
I will have everything fix !
so next time,when you met the same seuation,you gonna always ask them to do it ,and see what they will react !
Click to expand...
No, they're not wrong. :rolleyes:

All of us have, unless we've inherited, been buyers at least as many times as we've been sellers. The difference between you and us is that we know the rules of the game, and that what you did is poor form. Asking for a cracked window to be repaired, paint to be touched up, and pest treatment to be re-applied, just caused the vendor and both solicitors (including your own) to roll their eyes, sigh, and say "great, one of THOSE".

The vendor instructed their solicitor to agree to shut you up. A few hundred $ to avoid having to deal with somebody like you is a bargain. If you feel comfortable using this strategy to your benefit again in the future, good for you. I'd rather be an ethical person and sleep well.
 
You can always haggle these things. The seller can just say no.

But since you wanted a few $100 of work done for a few $100,000 of sale in a market that is slowing (in some areas) and they obviously had a few $100 up their sleeve, you got your stuff done.

A bit rude if you ask me.

I have a buyer doing a building inspection on my house today and I hope the same thing doesn't happen because I *won't* be saying yes to any work.
 
If these small things were brought up pre signing of contracts I'd have no problem spending a couple of hundred dollars to get it over the line.

But after contracts are signed then what you saw at inspection is what you get, bar it coming out of a building/pest inspection. That couple of hundred is better spent towards my own house or my next investment property
 
Perp said:
The vendor instructed their solicitor to agree to shut you up. A few hundred $ to avoid having to deal with somebody like you is a bargain. If you feel comfortable using this strategy to your benefit again in the future, good for you. I'd rather be an ethical person and sleep well.
Click to expand...

RumpledElf said:
But since you wanted a few $100 of work done for a few $100,000 of sale in a market that is slowing (in some areas) and they obviously had a few $100 up their sleeve, you got your stuff done.

A bit rude if you ask me.
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OMG, I can't believe you were so petty as to be asking for such minor stuff to be done in the first place, and then the vendor actually did it. I certainly wouldn't have!

The only reason I can think of for the vendor to agree to this, is that maybe you paid asking price and they would rather do a couple of hundred $$ worth of work instead of haggling the price down.

In that case, the vendor wins, and so he should.
 
Lil Skater said:
Um, no, we stated how it usually goes. Just because your solicitor wrote a letter and they agreed doesn't mean that's the law.

Usually how you signed the contract is how the property is to be at settlement. You just happened to have a much more generous vendor, if it were me I wouldn't bother, you bought it in that condition and I don't legally have to fix anything so I wouldn't.

Plus it's not like the things you stated are big deals....
Click to expand...

Didnt realise you were a lawyer???
 
Shaneelastic said:
Didnt realise you were a lawyer???
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Fair cop! Hardly any of us are, yet we frequently comment on all sorts of legal issues which arise in our travels as investors.

If your point is that it's legally binding for the vendor to do the works now that they've agreed to do so, then yes. But I think Lil was just making the point that the vendor wasn't legally obligated to remedy those items, and surely that's undisputed. (Except by snowwhite. :rolleyes:)
 
I actually agree with Snowwhite....Why not ask for it to be fixed. The contract was signed subject to building and pest inspection, so why shouldnt she get what was fixed.....I realise it wasnt structural or anything like that.

Also, maybe she paid over the price on the property and the vendor just wanted to get rid of it??
 
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