Dear Forum,
Am seeking a little guidance here. i am nearing settlement on a perth IP and one of the conditions precedent was for rising damp issues to be fixed prior to completion. However, the vendor has only fixed the internal pipes that has caused water to seep through the walls and damaged the walls in the rooms (stains and plaster damage).
The agent is claiming that the vendors’ obligations has been fulfilled as per the contract. I don’t think this is the case as how can damage be limited only to the cause and not the effect? This is clearly not the intent of the clause that we entered into as we wanted all repairs (both internal and external) to be done at the vendor’s expense.
Do we have a legal provision to rely upon? I feel that we may have been misled in the deliberate wording or that the agent has not communicated the vendor’s obligations correctly and is now trying to get out of it. The agent has made claims about being unable to draw the line in terms of external repairs which we think is nonsensical as we certainly don’t need to have the entire wall painted or fixed but at the very least, painting and plastering to be done to the damaged sections.
How do I approach this dispute with the agent?
Thanks
Am seeking a little guidance here. i am nearing settlement on a perth IP and one of the conditions precedent was for rising damp issues to be fixed prior to completion. However, the vendor has only fixed the internal pipes that has caused water to seep through the walls and damaged the walls in the rooms (stains and plaster damage).
The agent is claiming that the vendors’ obligations has been fulfilled as per the contract. I don’t think this is the case as how can damage be limited only to the cause and not the effect? This is clearly not the intent of the clause that we entered into as we wanted all repairs (both internal and external) to be done at the vendor’s expense.
Do we have a legal provision to rely upon? I feel that we may have been misled in the deliberate wording or that the agent has not communicated the vendor’s obligations correctly and is now trying to get out of it. The agent has made claims about being unable to draw the line in terms of external repairs which we think is nonsensical as we certainly don’t need to have the entire wall painted or fixed but at the very least, painting and plastering to be done to the damaged sections.
How do I approach this dispute with the agent?
Thanks