Seller made changes to property after contract signed

[sammmeee]

Settlement was due to go through today for our next ip it didn't.
I am doing a refi and other things and banks are fighting each other "bank A you didn't put settlement agents fax number on form Bank B we hdobt need to"

Anyways while my banks are fighting I did a pre settlement inspection to find a new fence up. All 4 fences needed to be replaced however half a side about 30m was done. it is also damaged as the neighbours shed fell into it.

I'm annoyed as I wasn't told and cosmetically looks crap it's green which means all the other sides will have to be green as well. Pick was shocked when I saw it and spoke to the neighbour. I spoke to my settlement agent and at the time the only issue I had was the damage and worried it was pegged correctly but now I have realised that when I replace the other fences they will have to be green and I am now annoyed. I haven't signed off on the pre inspection yet...the seller has not put one cent towards the fence the neighbour said they xxxholes...

Not sure where I stand or what the "make good" would be. If I had of known I would have contributed and had a say in the colour .... Is this petty? And worth holding up settlement

 

[D.T.]

Is the property an IP in WA?

 

[sanj]

So you're saying that when you bought the place all the fences needed to be replaced and now the owner has replaced some but in a colour you don't like?

Either pay for entirely new fencing like you would have had to anyway or go with the new green one. Not sure what you're annoyed about

 

[sammmeee]

Yes ip in Wa

The new fence is damaged!
The wa resi regs are no changes to be made to property after contract signed.
No consultation was made and they thought I wouldn't notice...

The fence is not what I want and would have been happy to discuss and contribute with neighbour.

 

[thatbum]

The new fence is damaged!
The wa resi regs are no changes to be made to property after contract signed.
No consultation was made and they thought I wouldn't notice...

The fence is not what I want and would have been happy to discuss and contribute with neighbour.

Huh - I'm really confused about what the problem is.

You really need to be clear - is it the colour of the fence? Is it the fact that someone damaged the fence? Is it the fact that a particular party damaged the fence?

What exactly do you want to happen?

The reason I say this is because you can't just 'scattergun' a bunch of grievances towards the seller and think thats the best way to deal with it. You need to focus on what's important and also what you are legally entitled to do.

Its an aggressive thing to start delaying settlement (even if you have a good legal reason) so you really want to be sure about what you're doing.

Hopefully when you say "settlement agent" you mean "conveyancing solicitor", because who are you going to get your legal advice from otherwise?

 

[sammmeee]

Yep I will take that on board.

Currently settlement is already delayed due to my banks..
Yes settlement conveyancer

I want the fence repaired at no cost to myself.

 

[Perp]

I want the fence repaired at no cost to myself.

You bought on the basis that there was no fence at all. I doubt that a court would view that a free fence with some damage is worse than no fence at all.

 

[Macca]

If you don't like the colour then paint it, it would be a lot cheaper than putting up the new fence that was needed.

 

[serendip]

It may not be perfect but it certainly wouldn't be the first property I've seen with 2 colours / types of fences.

 

[sanj]

Yep I will take that on board.

Currently settlement is already delayed due to my banks..
Yes settlement conveyancer

I want the fence repaired at no cost to myself.

You bought a property with no/damaged fences. As it stands there is now a new but damaged fence, I'm not sure why you feel you're entitled to a freebie

 

[sammmeee]

Fair enough.
Property had fences previously.

The fence is damaged. It needs to be fixed, the fence was both put up and damaged during a time that nothing can be changed and any damage during this time is contractually the responsibility of the seller to rectify.

 

[Big Will]

Sorry but get over it..

The fence you said was falling down and they replaced it maybe they had animals and didn't want their dog to run away. If you don't like it tear it down and build another or repaint it.

Having damaged to a new fence isn't much that can be helped but you were going to tear it down anyway so who cares?

Yes technically the vendor should of consulted you about changes to the property cause it should be delivered as inspected but they have added value to your property without asking you to pay it. Any judge would through your case out and you will have to pay legal fees.

Really two options

1. Repaint the new fence to a colour you prefer and build the other fences
2. Tear down all the fences and build what you want (make sure you get approval from the 3 neighbours though).

I don't see legal action being reasonable here, but your call...

 

[sammmeee]

Yep
I've never said there will be legal action. It's merely a point for the conveyancer to sort. As I just found out there is a brick fence going up today with a massive carport ( the neighbour) also.

What will be happening tomorrow?

 

[Jaggannath]

It's an IP, I don't think your tenants will care about the colour differences... the damage maybe.

 

[Doovalacky]

I haven't signed off on the pre inspection yet...the seller has not put one cent towards the fence the neighbour said they xxxholes...

Read the below. I'm pretty damn sure if the seller has not paid for it the neighbor can actually make you pay for it....
http://www.commerce.wa.gov.au/publications/dividing-fences-guide