Post Settlement question??

[tanm2]

Hi Guys,

I have finalized purchase of my first home. I need advice on the stuff/personal belonging that has been left behind by the previous owner.

Am I right in assuming that whatever stuff is left behind by the previous owner on the date of settlement belongs to me and he has no right to claim that?

If the answer is yes, then does this include any fixture which was covered as an exclusion in the contact of sale? I understand that contact of sale gets completed at the time of settlement and the previous owner cannot claim anything after settlement.

I have gone through all the previous threads but could not find one which can help me. Can you please advice me on above 2 questions?

Thanks to all you lovely people out there for your help.

 

[brrmm]

Whatever is on/at the property after settlement is yours. This can be a good thing, or a bad thing, depending on what's been left behind!

 

[rugrat]

can you give us specifics?

 

[tanm2]

Post Settlement Question?

can you give us specifics?

Hi Rugrat,
The specifics are as follows:

1. The contact of sale had 2 lights (in the living room) as exclusion. However, the vendor did not remove these lights till the time of settlement. As the lights were not removed prior to settlement, I want to keep them. My understanding is that 'Contact of Sale' got over at the time of settlement and I get to keep the lights as vendors did not remove them prior to settlement. Am I right with this stand?

2. One plasma TV is attached to the wall. This is neither included nor excluded in the 'Contact of Sale'. Again, as the vendor did not remove this prior to settlement, it becomes my property after settlement on the assumption that it is a fixture. Because, you cannot remove the TV that is attached to the wall without damaging the wall.

So, the question is, am I right in keeping the above 2 things.

Cheers,
Thanks for you help.

 

[rugrat]

Keep in mind this is in no way legal advice, in any way, shape or form - you should probably ask a solicitor for clarification.

Re the two lights: Considering these were specifically excluded, you really don't have much claim to them (although you could argue that they abandoned the goods, by leaving them there at settlement). Having said that I would suggest that if you give them notice to remove these ASAP or forfeit their right to them, and they fail to do so, then I believe you could keep them.

Re the plasma TV: If it is mounted to the wall, then it may reasonably be considered a fixture - and without any specific exclusion could indeed be considered an inclusion, particularly considering that they failed to remove said item prior to settlement.

Why didn't they remove this stuff before settlement if they still want it?