settlement & Overgrown back yard
- Thread starter ziggy2214
- Start date
ziggy was it growin/overgrown a bit when you put an offer on it? if so then l am sure the unkept state of the place helped reduce its price.
If its been a long settlement then yea, sure ask for it it be tidied up, other wise get over it go get a mower and a wipper snipper and have fun for an hour or .
a bit of long grass should not be a worry to you.
cheers yadreamin
If its been a long settlement then yea, sure ask for it it be tidied up, other wise get over it go get a mower and a wipper snipper and have fun for an hour or .
a bit of long grass should not be a worry to you.cheers yadreamin
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Hi ziggy
Unfortunately, there is nothing much you can do.
Buying a property is not like starting or ending a tenancy.
The current owners can leave the property any way they like, as can you with yours. Its is mainly common courtesy and a desire to be pleasant that causes owners to leave a place clean.
Your conveyancer could make a request regarding the intentions of the vendors - for all you know the vendors may have already engaged someone to clear the yard. See what you can negotiate through your legal representative.
Ani, settlement would not occur without the full money of the money due under the contract being paid, unless by prior agreement between the parties.
But then again, you knew that, didn't you? If ziggy instructed his conveyancer to withhold money he could be put into a legal position of default and ultimately of rescission. All for the sake of a bit of grass cutting.
There are some things which form part of the contract, and other matters which don't. It is easy to confuse the two. I have seen contracts with many pages of 'inclusions' and all pages signed by the vendors that the appliances are in working order and how the property will be at settlement.
You know the old saying 'it it's not in the Contract then it's not in the Contract'.
Good luck, I hope this is just an oversight by the vendor. I have also bought properties which have gone from Botanical Gardens to Desert Wasteland but have simply taken it on the chin.
Cheers
Kristine
Unfortunately, there is nothing much you can do.
Buying a property is not like starting or ending a tenancy.
The current owners can leave the property any way they like, as can you with yours. Its is mainly common courtesy and a desire to be pleasant that causes owners to leave a place clean.
Your conveyancer could make a request regarding the intentions of the vendors - for all you know the vendors may have already engaged someone to clear the yard. See what you can negotiate through your legal representative.
Ani, settlement would not occur without the full money of the money due under the contract being paid, unless by prior agreement between the parties.
But then again, you knew that, didn't you? If ziggy instructed his conveyancer to withhold money he could be put into a legal position of default and ultimately of rescission. All for the sake of a bit of grass cutting.
There are some things which form part of the contract, and other matters which don't. It is easy to confuse the two. I have seen contracts with many pages of 'inclusions' and all pages signed by the vendors that the appliances are in working order and how the property will be at settlement.
You know the old saying 'it it's not in the Contract then it's not in the Contract'.
Good luck, I hope this is just an oversight by the vendor. I have also bought properties which have gone from Botanical Gardens to Desert Wasteland but have simply taken it on the chin.
Cheers
Kristine
Kristine
Of course there has to be agreement but I have never had a vendor say no 3 hours before settlement!
I've inspected a few places on the day of settlement and have contested rubbish left on site, unmown lawns etc etc
Why on earth wouldn't you??
I've rung my soli and said "abc" needs to be done, he faxes the vendors soli
and hey presto they agree to us withholding x amount.
Sorry but that sounded like a "not worth doing" post from you and I have to disagree
Hi ani
Something would have to be of a 'material' nature for a vendor to agree and the vendor's solicitor to agree and even your own solicitor to agree and then for the lenders to agree (to cancel and reissue cheques) if, as you say, you have ... inspected a few places on the day of settlement and have contested rubbish left on site, unmown lawns etc etc ... I've rung my soli and said "abc" needs to be done, he faxes the vendors soli and hey presto they agree to us withholding x amount.
So if you have done this three or more times - on the day of settlement - then I am truthfully amazed!
I have had customers ring me and tell me that screen doors were missing, rubbish was left behind, plants removed from the garden, and yet no amount of protesting has brought them any joy. Particularly if their discovery was 'on the day of settlement'!
Also, if ziggy's grass and weeds are, indeed, two metres high (higher than the fence) then that is also amazing.
But my understanding is that the Property Law Act requires the parties to settle. The Matthew Avenue case - of an aeroplane in the loungeroom - was considered not of a material nature and the parties were still required to settle.
Of course, I am always happy to be corrected and to learn something new. But I doubt that long grass would even raise an eyebrow, let alone win a price reduction.
Cheers
Kristine
Something would have to be of a 'material' nature for a vendor to agree and the vendor's solicitor to agree and even your own solicitor to agree and then for the lenders to agree (to cancel and reissue cheques) if, as you say, you have ... inspected a few places on the day of settlement and have contested rubbish left on site, unmown lawns etc etc ... I've rung my soli and said "abc" needs to be done, he faxes the vendors soli and hey presto they agree to us withholding x amount.
So if you have done this three or more times - on the day of settlement - then I am truthfully amazed!
I have had customers ring me and tell me that screen doors were missing, rubbish was left behind, plants removed from the garden, and yet no amount of protesting has brought them any joy. Particularly if their discovery was 'on the day of settlement'!
Also, if ziggy's grass and weeds are, indeed, two metres high (higher than the fence) then that is also amazing.
But my understanding is that the Property Law Act requires the parties to settle. The Matthew Avenue case - of an aeroplane in the loungeroom - was considered not of a material nature and the parties were still required to settle.
Of course, I am always happy to be corrected and to learn something new. But I doubt that long grass would even raise an eyebrow, let alone win a price reduction.
Cheers
Kristine
Thank you for all the replies.
Actually the weeds are higher than the fence
and the grass would probably be waist high but it's falling down
and forming a thick grass bed. great for snake nests
The place has been unoccupied for a while as it is a bank's repossession.
I was told that the condition of the place reflects it's selling price so complaining
probably won't get me anywhere but I will make some noise and see what happens.
Actually the weeds are higher than the fence
and the grass would probably be waist high but it's falling down
and forming a thick grass bed. great for snake nests
The place has been unoccupied for a while as it is a bank's repossession.
I was told that the condition of the place reflects it's selling price so complaining
probably won't get me anywhere but I will make some noise and see what happens.
Maybe i'm thinking too logically, but why don't you just get a lawnmower and mow it yourself, instead of worrying whether to get the previous owner to do it.
I mean it's only grass, mow it, hey presto it looks like paradise once again, i mean excuse the pun but it's only growing more hehe
I mean it's only grass, mow it, hey presto it looks like paradise once again, i mean excuse the pun but it's only growing more hehe
If the bank has repossessed the property, I wouldn't bother trying to get the vendor to do anything. They're probably already upset and I wouldn't want to give them any further grief.
Are these the common sorts of "weed" and "grass", or the less common type we're on about here.....
Cheers,
The Y-man
I wouldn't know the difference between the common
and the less common/ bad type Maybe I should put it on fire and see if the neighbours complain?
I would, but the weeds are like small trees so can't put a lawn mower in there yet I am afraid.
A hand saw would be needed to take them out first
and that means saying hello to the snakes.
Also, the grass is so thick, my lawn mower wouldn't go further than the first meter.
Actually, the bank is the vendor.
The Real estate agent told me that they won't do anything,
I am thinking that maybe I should get my solicitor to write them a letter
but then it will probably cost me more than if I paid someone to clean it up
(a few hundred $).
Perhaps the better option would be to put on a BBQ and a case of beer
and call my mates to fight over the weeds and the beer
and to chase the snakes away.
Go to bunnings, $99 get you a whipper snipper and hey presto problem solved!
Or an alternative and I never said this, throw petrol over the green grass and set fire to it leave the gate open and watch the snakes if there are any run, they hate fire.
Or an alternative and I never said this, throw petrol over the green grass and set fire to it leave the gate open and watch the snakes if there are any run, they hate fire.
Good news Ziggy! My reply would have been 'there is no harm in asking'. I would think if it was just an untidy garden you wouldn't have too much of an argument but given the extent of the weeds and the cost you would incur to pay someone to tidy the yard I would think a retention would be more than reasonable.
"But my understanding is that the Property Law Act requires the parties to settle. The Matthew Avenue case - of an aeroplane in the loungeroom - was considered not of a material nature and the parties were still required to settle."
Where did you hear about this case? It sounds like BS to me - the house has to be in the same state at settlement as it was when you signed the contract, significant damage amounts to a partial failure of consideration and if it's not severable then the contract can be terminated by the buyer and the seller is considered to be in default. That's basic basic contract law.
"But my understanding is that the Property Law Act requires the parties to settle. The Matthew Avenue case - of an aeroplane in the loungeroom - was considered not of a material nature and the parties were still required to settle."
Where did you hear about this case? It sounds like BS to me - the house has to be in the same state at settlement as it was when you signed the contract, significant damage amounts to a partial failure of consideration and if it's not severable then the contract can be terminated by the buyer and the seller is considered to be in default. That's basic basic contract law.
I would say the price reflected the "jungle appearance" Don't waste any more time on getting someone else to clean it up. As you just suggested get the mates over, get it cleaned up, get some exercise, have a few beers and you will feel very good once it is all done. Worrying about getting "someone else" to do it is just not worth the effort at the end of day for something like this.
