Final Inspection and the house is in ridiculous condition

Hi everyone

I need some help and I'm not sure to do. :( :(

I have just bought my second investment property, which is very very old and ugly house, expected settlement this Friday.

I went for final inspection for the property today and I was very disappointed and shocked about the condition.

1. There are junk everywhere, old mattress, old timber, damaged old white goods in the front yard and backyard etc. The agent said the vendor will get rid of them by settlement but I'm not convinced because they are EVERYWHERE

2. The lawn is clearly 'untouched' since the property was sold. The grass was very long

3. Very dirty house. Dust everywhere. You can see the carpet full of black dot! (Ewww!!)

4. Most importantly, when I purchased the property, there is a room that is FULL of STUFF. Like stuffed with old furnitures and files etc and I cant really see how the room is like. I was told it is good condition, just the vendor used it as a storage. I'm OK with it but finally, the vendor removed the stuffs and I can see the wall is damaged and there is even a metal bar coming out from the ground!!! I told the agent this is ridiculous but he said it was like that when I purchased the property and second hand property are sold 'as is'.

I feel that this is very sad about the whole situation and I'm not sure what I can do. I always knew this is not a nice house but didn't expect it to be this filthy condition. What can I do? The real estate agent doesn't seem to be helpful / on my side. :(
 
What can I do? The real estate agent doesn't seem to be helpful / on my side. :(
The RE agent is *not* on your side; they're the agent for the seller. In fact, their only obligation is to your contractual adversary.

1. The junk everywhere. Was it there when you signed the contract to purchase? Did you include conditions on settlement that it all had to be removed?

2. Generally can't do anything about vegetation.

3. Is it dirtier than at contract? Seriously doubt you can do anything about this.

4. Agent is correct. If you needed to see the condition of the room, you needed to see it prior to contract.

Do you have a lawyer representing your interests?
 
1. don't believe this for a second. Tell them you refuse to settle until everything is removed, or consider withholding $1000 or so from them until confirmation.

2. Did you contract for the lawn to be mowed?

3. not much you can do other than ask for it to be cleaned and/or clean it yourself. Unless you had a special agreement that they would clean it.

4. You purchased it as is with any damage
 
Most existings dwelllings are sold as is, however the inclusions are usually anything fixed... Read your COS and seek legal advice.

If it didn't include the mattress and all the other junk that isn't fixed, then you can withhold up $5,000 (in VIC). Until they remove it or use that money to clean up, again seek legal advice.
 
What state is it in? There are heaps of contracts that have holes in and you can terminate up to settlement, you may not want to but it is a good stick to hold over the seller.
 
In order to have the items removed/rectified you will need to have

1. Photographs date and time stamped showing the property in the condition that you believe it should handed to you, and/or

2. Written proof from the vendors agent or legal representative advising you of the properties condition required at settlement.

Without any of the above, unfortunately this will be hard lesson learnt.
 
1. don't believe this for a second. Tell them you refuse to settle until everything is removed, or consider withholding $1000 or so from them until confirmation.

2. Did you contract for the lawn to be mowed?

3. not much you can do other than ask for it to be cleaned and/or clean it yourself. Unless you had a special agreement that they would clean it.

4. You purchased it as is with any damage

100% !!Your solicitor should put this forward to them and be strong about it. Property cant settle unless they sort all that out
 
In order to have the items removed/rectified you will need to have

1. Photographs date and time stamped showing the property in the condition that you believe it should handed to you, and/or

2. Written proof from the vendors agent or legal representative advising you of the properties condition required at settlement.

Without any of the above, unfortunately this will be hard lesson learnt.

Not necessarily. All you have to do is ask. This happened to me last week, and I asked for the rubbish to be removed before settlement, and they removed it.
 
Agreed

We refuse to settle all the time based on this. There are warranties under the contract that the seller is to keep the property in the condition at the time of contract signing. There is also a place to list Chattels in the contract, if they are not listed then they are not included.
 
Agree Terry_w but brodie should not be under the misunderstanding that the vendor has to rectify all their requests.

Purchasers should take take on some responsibility and cover their own backs for these instances and not make assumptions and accept and rely upon someone's undocumented opinion about the physical state of the property.

I settled on a property early January and the only reason why I was able to have the property cleaned and all rubbish removed was because we had proof of the properties condition at purchase and inserted a clause in the contract making the vendor responsible for any differences.
 
Last edited:
Back
Top