Pre-Settlement inspection on the day of settlement

[iluvsydney]

I am purchasing a property and settlement is due coming 19th January Monday. Pre-settlement inspection is organised at 9:30 am in morning and settlement will be done around 2pm in afternoon.
The property I am buying is owner occupied and I would be getting vacant possession.

I am expecting that on the morning on pre-settlement inspection house should already be vacant. If it is not vacant can I hold the settlement until they vacate it and I see vacant house?

 

[DaveM]

If the contract says vacant possession and there is someone still there, or their chattels not included in the sale eg they leave half their old furniture, then dont settle.

 

[iluvsydney]

If the contract says vacant possession and there is someone still there, or their chattels not included in the sale eg they leave half their old furniture, then dont settle.

Contract specifies vacant poessession. What should be our response in case vendor comes up with a reason that they are in the process of moving and it will be done say by 12pm?
Should we trust on vendor's word?
Should we verify vacant house again after they have vacated?

I am a FHB, all of this may not happen at all, but its good to be prepared.
I asked this question to my solicitor yesterday evening but she has not responded.

 

[DaveM]

If they are still there on morning of settlement, then they had better have all their stuff in boxes by the front door waiting for the moving truck.

Do a driveby tomorrow afternoon and see if it looks empty or being moved out of.

If doing a simultaneous settlement they may not have anywhere to move to till the settlements happen, so its not unheard of for people to have the truck ready to go at settlement time then drive to the new house.

 

[Jamie M]

When we settled on our first house (which seems like forever ago) - we got the keys from the REA, opened the door - and there was the owner.....with most of his stuff still in the house.

It was annoying - especially given how excited we were to move into our first home.

He had some excuse - we didn't bother whinging/complaining. He moved out while we moved in at the same time. A bit chaotic but it wasn't the end of the world.

Cheers

Jamie

 

[Terry_w]

Ideally do the inspection the day before. This is not always practical so just make sure they are all gone, if not I would delay settlement. Otherwise you will be taking a huge risk trusting a stranger.