removed light fittings

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From: H T


Hi Folks

We're just about to settle on a old place on Friday but have discovered that the vendors have replaced the ornate edwardian light fittings with lesser quality repros (we have proof from the original brochure). Of course this was not mentioned in the contract, but given that these things are worth quite a few thousand dollars, has anyone had success in stopping settlement/witholding money before settlement goes ahead?

thanks
HT
 
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Reply: 1
From: Michael G


Hi,

Did the coversheet of the contract indicate fittings will remain?, did it indicate such fittings will be excluded.

This is a job for your solicitor to chase, have the fittings in the brochure valued (I guess) and request a rebate on the purchase price prior to settlement (just a thought)

Michael G
 
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Reply: 1.1
From: H T


Yep michael the contract specified light fittings would remain.

I have a hunch they've also swapped the oven with an older one but have no evidence. A lesson i guess, when you buy a property take your cheque book AND camera...
 
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Reply: 1.2
From: Asy .


H,

The fittings should have been left with the property. Unfortunately you cannot halt settlement due to the missing fittings, as they are part of the QUALITY of the property, and settlement can only be halted based on a serious misdescription of the QUANTITY of the property (i.e. the land.

You CAN, however, request that an appropriate sum be withheld at settlement, and this will be retained in your solicitor's trust account, pending investigation or legal rectification of the matter. Quite often this is enough for the vendors to get scared and replace that which was taken.

I hope this has been helpful, please note usual disclaimers apply, I am not a solicitor, but your solicitor should be able to advise you, and I would be surprised if their advice differs. I am in Vic, so this is Vic law, but all states are pretty similar. Please let us know how you go.

asy


"Don't forget what happened to the guy who suddenly got everything he ever wanted...
He lived happily ever after.
(Willy Wonka).
 
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Reply: 2
From: Greg Mitchell


I would be getting my solicitor to advise the vendors that settlement will not happen until the original light fittings as stated on the contract are replaced (by a licensed electrician) After all if it is an IP it's probably the vendor who is hanging out for the settlement funds, all you can do is save some interest.

I have delayed settlement because of garbage, long grass, vendors not moved out when vacant possession is required.

Just the threat works wonders, but word it along the lines of " I am ready to settle when the terms of the contract are complied with"

GregM
 
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Reply: 2.1
From: Asy .


Greg,

May i respectfully suggest that you have a read of the Seventh Schedule to the Sale of Land act. (Also contained in ALL real estates contracts, as the GENERAL CONDITIONS)
Section: 2 specifically states that:

Loss or Damage before Settlement:
2.1 The vendor carries the risk of loss or damage to the property and the chattels until settlement.

2.2 The vendor must deliver the property and the chattels to the purchaser at settlement date in their present condition (fair wear and tear excepted).

2.3 If any chattel is not in it's present condition at settlement the purchaser is only entitled to compensation from the vendor.

Please note 2.3 IS ONLY ENTITLED TO COMPENSATION!!!!

This means that you CANNOT halt a settlement based on a chattel.

Hope this helps.

asy


"Don't forget what happened to the guy who suddenly got everything he ever wanted...
He lived happily ever after.
(Willy Wonka).
 
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Reply: 2.1.1
From: Robert Forward


You may not be able to stop settlement but you can list your compensation at what ever price you want, I'd go for something like $30k due to the removal of the lights.

Watch the vendors scream and squirm then...

And if they agree to the compensation claim then that is great, cause you then get a property that is $30k cheaper that would rent for the same amount as it would have with the original lights in place.

My thoughts on this are, don't get emotionally attached to the lights, instead use this hicup to your financial benefit.

Cheers
Robert

The Sydney "Freestylers" Group Leader.
 
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Reply: 3
From: H T


thanks all for your advice.

My solicitor is trying the "we're not going to settle"...since settlement is tomorrow i'll let you know how it goes..

HT
 
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Reply: 3.1
From: Anonymous


HT,

I would be curious to hear how your settlement went. Reason being is I know someone who may be facing a similar situation. That is, since purchasing, some chattels have gone missing from the property.

They are keen to understand what their position is as they also settle shortly. They have been informed that they must settle and cannot withhold funds.

Did you withhold? What was your outcome?

Keen to hear back.

Thanks
Curious
 
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Reply: 3.1.1
From: H T


what's with the anonymous???
anyway, we're going to ask the real-estate tribunal to decide. Apparently the cost is about 200$. All that was needed was the solicitor sent a fax to the vendor saying we request the right to seek a decision from the tribunal and that was it

they also left heaps of junk round the place so we'll claim for cartage.

HT
 
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