Settled on house - vendor left chicken /geese excrement

S

Shaz331

settled on a house on friday - finally got the keys and the vendor has left straw/hay in the back patio area and flower beds with chicken and geese poo everywhere.

we are not talking a small area.... this is a massive area.

it is attracting alot of blue bottle flies - hundreds of them.

dirty cow also kept cats and emptied the contents of the cat litter tray in the front garden

think we are going to have to hire a skip to get rid of it all.

was not expecting this.....expected to have to clean the house thoroughly (skirtings, window sills, kitchen and bathroom, fans, curtains, cobwebs - a general bond clean...... and thats exactly what i got.....

was worried that the vendor would not tidy up after herself when she left and wanted to withold funds at settlement - but she wouldnt let me.
agent said she was only responsible for making sure there was no furniture / rubbish left.......

advise please?
 
What do you mean "she wouldn't let me"?

That is exactly what a pre settlement inspection is for. You inspect it the day before (or as close to settlement as you can). If it's not right you instruct your solicitor not to settle until it's fixed.

Why didn't this happen?

Too late to winge now. It's done.
 
travelbug said:
Too late to winge now. It's done.
Click to expand...

+1

If the kitty litter and bird poo was evident at pre-exchange inspection then you should have had a special clause regarding clean-up requirements prior to settlement added to the contract. If there was no kitty litter and bird poo evident but was evident at pre-settlement inspection then your settlement agent should have been more pro-active in trying for a resolution with the vendor. If no kitty litter and bird poo was evident at either inspection then that would be your issue now not the vendor as who knows where it came from and when it was deposited.

Either way it's just too late now you have settled.

Another one of those life lesson learnt about what to do and who not to use next time.

Sorry.
 
Last edited:
They are suppose to leave it the same as when you purchased. If you don't settle you have to pay penalty interest so when it happened to myself in WA I found I couldn't do anything, not worth the hassle and spent a few days cleaning! I didn't have any photos or proof that it was left any worse than at purchase.
 
INVSTOR said:
They are suppose to leave it the same as when you purchased. If you don't settle you have to pay penalty interest so when it happened to myself in WA I found I couldn't do anything, not worth the hassle and spent a few days cleaning! I didn't have any photos or proof that it was left any worse than at purchase.
Click to expand...

And therein lies the problem... you need to prove the condition of the house on contract agreement, and specify any specific clean-up requirements. Too bad, so sad. I had a guy try to remove the pump from the bore, but fortunately I knew it was in the advertising photos so back it came :)
 
Shaz331,On the bright side,chicken and geese poo is good for your garden.

If it makes you feel any better,when i purchased my place,the backyard was full of dog poo everywhere.

Also found old guttering and timber etc in the over growth.

Found some good tools though :)
 
You can specify in contract. Too late now but you know for next time.

No good wishing or expecting humans to do anything, we're hopeless
 
Jaggannath said:
And therein lies the problem... you need to prove the condition of the house on contract agreement, and specify any specific clean-up requirements. Too bad, so sad. I had a guy try to remove the pump from the bore, but fortunately I knew it was in the advertising photos so back it came :)
Click to expand...

I don't know if WA is different but in my case the vendor took pump from pond and about 100 rocks. Although it was clearly in advertising photos conveyancer and RE agent advised they weren't fixed items so I was left with a large one metre diameter concrete structure that filled with mosquito larvae. No wonder she was too busy to clean. Still I don't think it would be worth taking further fighting with legal advice, penalty interest. It can also be very inconvenient if you have a tenant lined up with moving truck booked.
 
Last edited:
INVSTOR said:
I don't know if WA is different but in my case the vendor took pump from pond and about 100 rocks. Although it was clearly in advertising photos conveyancer and RE agent advised they weren't fixed items so I was left with a large one metre diameter concrete structure that filled with mosquito larvae. No wonder she was too busy to clean. Still I don't think it would be worth taking further fighting with legal advice, penalty interest.
Click to expand...

Terrible.
I got caught with trailer loads of rubbish. One property I purchased in Melb a few years ago they just left all their rubbish, I had to wear it unfortunately, lesson learnt.
 
Last edited:
MTR said:
Terrible.
I got caught with trailer loads of rubbish. One property I purchased in Melb a fewsago they just left all their rubbish, I had to wear it unfortunately, lesson learnt.
Click to expand...

Yeah, been caught out a couple of times with interstate purchases. I still don't get how exactly final inspection is suppose to protect you as other posters have recommended. You do final inspection, next day they scrape the walls with furniture and leave rubbish, cut wires just for fun, steal keys. Got stung about $2000 by this scenario in a Qld purchase also.
 
INVSTOR said:
Yeah, been caught out a couple of times with interstate purchases. I still don't get how exactly final inspection is suppose to protect you as other posters have recommended. You do final inspection, next day they scrape the walls with furniture and leave rubbish, cut wires just for fun, steal keys. Got stung about $2000 by this scenario in a Qld purchase also.
Click to expand...

Just got the keys for my latest purchase. Some large items of furniture (think a sofa, ect) & it looked exactly as it did at contract exchange, including all owners stuff.

Kitchen still has utensils, saucepans, theres a brand new vacum cleaner as well. Its like the owners didnt realise the house had been sold?

Anyway, nothing worse than I was expecting.
 
Waldo said:
Just got the keys for my latest purchase. Some large items of furniture (think a sofa, ect) & it looked exactly as it did at contract exchange, including all owners stuff.

Kitchen still has utensils, saucepans, theres a brand new vacum cleaner as well. Its like the owners didnt realise the house had been sold?

Anyway, nothing worse than I was expecting.
Click to expand...

Maybe they didn't tell the tenants.
 
INVSTOR said:
They are suppose to leave it the same as when you purchased. If you don't settle you have to pay penalty interest so when it happened to myself in WA I found I couldn't do anything, not worth the hassle and spent a few days cleaning! I didn't have any photos or proof that it was left any worse than at purchase.
Click to expand...

Really? In NSW if you don't settle their solicitor serves a "notice to Complete" which gives you 2 weeks. THEN they can start talking penalties.

Our first property we bought had a nice new dishwasher. Unfortunately (for them) the agent put that it was included when it wasn't supposed to be. They took it out so we said we wouldn't settle. We had already given extra things (like curtains as they said they wanted them so enough was enough). Then they bought a cheap dial one and put it in. Luckily we had the photos. They replaced it with the original one an hour before settlement.
 
You must log in or register to reply here.

Similar threads

E
Grotty tenants given a second chance?
Replies
8
Views
2K
saiman
S
C
Would you do Termidor treatment after this report?
Replies
12
Views
4K
wylie
W
S
what would you do in this instance..
Replies
13
Views
2K
seabreeeze_99
S
K
Multiple issue re: tenant, need help as to how to proceed
2
Replies
37
Views
6K
Terryw
Terryw
C
Heading to VCAT
Replies
17
Views
3K
Fizzy
F
Back
Top