chattels left on property after settlement

[johnnewstart]

Just bought a property that has chattels still on the property in QLD. It was a receivers sale and the bank ended up exercising power of sale so bought from the bank. The contract states the seller does not require to remove the chattels and the chattels are not included in sale.

Now that the property has settled who now owns the chattels?

 

[Scott No Mates]

Why did you settle if they hadn't removed their property?

What has your solicitor advised?

The previous owner has no right to access your property to have these removed unless you grant access rights.

 

[johnnewstart]

This was a receivers sale and it was "as where is" so all these items were part of the sale and we tried to change the contract but the response was no either take it as it is or not - it was at an auction. We understood these items were there and accept that as part of the sale.

Our solicitor was very poor - in the end and did not advise us correctly so we had to change lawyers post settlement. The items are of no value and I do not mind removing them that is fine.

I just wanted to know if anyone had any case law or property legislation that clearly stated that post settlement the items are considered abandoned and are then the new owners - as this is what is implied and I have seen mentioned but cannot find any law directly related to this.

I ended up buying this from the bank exercising it power of sale and not from the land title holders as they were in receivership.

Any help would be appreciated or view.

 

[wylie]

This was a receivers sale and it was "as where is" so all these items were part of the sale and we tried to change the contract but the response was no either take it as it is or not - it was at an auction. We understood these items were there and accept that as part of the sale.

Could you get this in writing from the receivers to cover your backside?

 

[Peterw]

If you scour the Contract, you will see reference in there some where. You are fine though, take it to the tip

 

[Terry_w]

Could you get this in writing from the receivers to cover your backside?

Not really. If I told A he could throw out property belonging to B that doesn't mean he can.

I am sure a similar thread was on here last week



see http://www.austlii.edu.au/au/legis/qld/consol_act/douga1967285/
DISPOSAL OF UNCOLLECTED GOODS ACT 1967