Property Condition on Settlement

Hi all,
Quick question. Settlement is approaching in 7 days and the buyer has just had their final inspection. All is fine except that they want the gardens weeded etc as was presented during the marketing campaign. Do they have a legal right to demand this? With weeks of recent rain, and being remote from the property, it's been hard to keep up the garden maintenance.
 
my previous experience suggests that this is a moral issue more than a legal issue. I have even had vendors walk thru their house and pick out the pieces of furniture they like and literally walk out, leaving clothes, magazines, toiletries you name it (this guy was recently divorced and was hopping on a plane to the US)... as it wasn't covered in th econtract there was nothing I could do
 
Hi,

Have you asked your agent or legal person ?

Generally I would expect that you maintain the lawn and remove overgrowth but a few weeds would not be a problem.

They have signed a contract to buy the place, unless it has an unusual condition/clause about weeded gardens then they are obligated to settle on due date or suffer penalties
 
Hi all,
Quick question. Settlement is approaching in 7 days and the buyer has just had their final inspection. All is fine except that they want the gardens weeded etc as was presented during the marketing campaign. Do they have a legal right to demand this? With weeks of recent rain, and being remote from the property, it's been hard to keep up the garden maintenance.

I'd ask you to stop and think about it from the buyers point of view. They saw your property when it was no doubt at its best during the marketing campaign- the place was neat and tidy, the gardens were groomed, the grass was mown. Most buyers ensure this is the case to maximise both the outcome and sale price of their property.

Those same buyers now look forward to moving in to the property that they agreed to purchase some weeks earlier, at a price you were happy to accept. Is it really too much to expect that the garden is in the same state as it was when they fell in love with the place? Surely it can't be that much of a hassle to get your selling agent to hire someone from Jims Mowing or VIP to spend a couple of hours making the place look nice again?

It may well be a grey area in conveyancing law when it comes time to handover but I back my buyers requests up to at least have the place in the same condition as it was when they agreed to purchase. I've had all sorts of problems- left over asbestos sheeting, rubbish, chattels left behind, electrical items no longer working, overgrown gardens, dirty rooms (that were pristine upon purchase agreement) and I consider it a sign of basic decency and courtesy to leave a property in a suitable state for the new owner. What's that saying.... do unto others. Again, put yourself in the position of buyer and see how you'd feel.
 
A voice of reason from Jacque. I would agree that there is no legal requirement, but I think it just shows a bit of a mean spirit to not at least mow the grass one last time and pull some weeds if needed. How bad can it have got since signing the papers?

As a vendor, I would hate to disappoint them when they love the house as we presented it because I have been on the other end of it.

I have seen and experienced the sour taste of this scenario. As a buyer it makes me disappointed in the vendor and kills any goodwill I felt. Don't forget, these people are going to be the ones who will forward on the mail, badmouth you to your old neighbours and who will always feel a bit let down, all for the sake of a lawn mow.

I have also been on the other end, where our purchaser's brother was acting as solicitor, and who was such an obnoxious tosser that we took the newspaper full page feature from 1932 that featured the house, and which we had a framed copy of that they had admired. We had planned on leaving the photocopy for them with a bottle of champagne and a nice note for them to enjoy their new house.

Because of the brother trying to screw us down on price after signing, and which we agreed to so as not to lose the house we really wanted, all goodwill went out the window.

To further ram home his requirement that we reduce the price by $2K (so they could have a small win - we got them up $2K from their initial offer :)), the brother even quoted in his letter that the cubby house (made from packing crates) was not up to building code :)......

Our solicitor (who also had major issues dealing with the solicitor brother) told us that it was a chattel and to remove it if we wished. We did that, and left a hole in the lovely garden and they then looked from the back deck and kitchen/family room into the ugly back of the neighbour's shed, with stacks of old pots etc. They had a son six months later. Pity about the fantastic cubby. I'll bet the woman was cranky with her brother. They really shot themselves in the foot.

I sometimes ponder on whether they spent days in the State Library searching through newspaper after newspaper looking for that magic full page spread featuring their house.

I didn't like being mean, as it is not in my nature, but they ruined the enjoyment of the sale for us, not the financial stuff, but the showing of themselves as being mean and tricky. I wanted to leave things for them, including our good wishes for their future in the house we had loved, but they ruined it.

My husband has not got a mean bone in his body, and about six months after selling to them, we saw them at a local auction. The solicitor brother wanted to buy it, missed out (pity!!) and my hubby invited them back to our house for a cuppa. I nearly wet myself. They declined, but what a man my hubby is. He doesn't hold a grudge :).
 
Opposite problem

we are settling on a house on the 13th of Jan. After all the rain, I have emails my conveyancer to ask if the present owners will get the place mowed say a week before we settle... I don't think that is too much to ask... Or is it :confused:
 
Back
Top