Vendor leaves rubbish on settlement

[Of The Vultures]

We had a final pre-settlement inspection today on a property we're purchasing. It is a PIG STY. Mountains of rubbish everywhere. A couple of days left till settlement and we would not be surprised at all if it was still there when we pick up the keys.

How can we make sure the vendors remove everything? Can money for rubbish removal be withheld at settlement "in case"? I doubt we'd get anything out of the vendors otherwise.

Cheers

 

[chilliblue]

In NSW the vendor is not obligated to leave the premises clean and tidy and you cannot stop settlement or ask for monies in lieu of unless:

1. There is a clause written in the agreed contractual terms prior to signing

2. You hold dated photographs showing standard of cleanliness when making the offer and there is a difference at settlement.

Give the agent a heads up as to whether the rubbish will be removed and strongly push your requirement for it to be removed prior to settlement.

 

[Propertunity]

Can money for rubbish removal be withheld at settlement "in case"?

You cannot make them leave the property clean and tidy, however, if you are buying with "vacant possession", then they have to take their 'mountains of rubbish' with them.

I did a final inspection just yesterday for a client, and the garage was still full of outdoor furniture, sheets of iron and paint tins. We are holding back $500 out of the settlement funds for 1 week - if the stuff goes, the vendor gets the $500 back, if it is still there, we have more than enough to pay someone else to remove it.

You cannot hold back funds "just in case". You need to inspect immediately before settlement, and either delay settlement until their stuff is gone or hold back funds to be held in Trust.

 

[Jake Milne]

In VIC it is included in most contracts that "General Cleanliness" shall be provided and can be argued. Getting vendors to actually clean the property, that's the challenge.

Talk to your conveyancer and request the vendor's party have the property cleaned professionally.

Failing that, pay for one yourself.

 

[westminster]

I think in WA it needs to be in the state it was when you made an offer but check with your settlement agent and they will know what to do.
Even if cleared you might need to get a "vacate clean" team in before renting it out.

 

[Hodge]

This happened to me a couple years ago in Victoria. Day before settlement went to inspect and nothing was moved. All the furniture was still at the property. I told their solicitor that I'm not settling. He told me you can't do that and you must settle regardless, which I replied with I don't give a hoot!

Next day went back to the property and everything was removed. Don't know how they moved a whole house lot of furniture but they done it in 10 hours.

 

[Of The Vultures]

Cheers all, I have made arrangements to inspect again immediately before settlement, and the solicitor tells me we can delay settlement until it's all gone. I can almost guarantee they won't hand it over clean, but at least empty would be a good start.

 

[Scott No Mates]

It is often the case that the vendor has arranged the removalists for the last possible moment either through bad planning or simultaneous settlement between the new and old premises.

An inspection on the day of settlement will allow you to advise the solicitor that the property hasn't been vacated and to delay settlement.

 

[HotRod]

Or, do the nice thing and find out where the vendor has moved to, pack it all up and have it delivered to their new address.

Who are you to say, what's junk and what's not?

 

[wylie]

Or, do the nice thing and find out where the vendor has moved to, pack it all up and have it delivered to their new address.

Who are you to say, what's junk and what's not?

... and hope that one of us here on SS isn't the owner of the place they are moving to .

 

[chrispy]

As the others have said...do a final inspection just before settlement.

Arrange with Solicitor to hold back funds that will cover the removal

I sold a house and left a swing set in the back garden, that had been left by last tenant, as I had been told a family had bought the house, I thought I was doing them a favour On the day of settlement, Solicitor rang and said purchaser had held back $1k pending removal of swing set.

I had no choice but to quickly organise to have swing set removed and taken to the tip. This was cheaper than losing $1k.

It was entirely my fault, I should have checked but the swing set was almost new ... I have not done it again!!!!!!

Chris

 

[HD_ACE]

Cheers all, I have made arrangements to inspect again immediately before settlement, and the solicitor tells me we can delay settlement until it's all gone. I can almost guarantee they won't hand it over clean, but at least empty would be a good start.

Has your solicitor communicated the problem to them? to make sure they know its a problem.

and yes along as the piles of rubbish wernt there during the selling campaign you should be entitled to delay settlement or claim compensation.

cheers

 

[Of The Vultures]

The piles of rubbish WERE there during the selling campaign - except they were living there and it's not for me to say which of their belongings are rubbish or otherwise. It's part of the standard conditions of the contract that all goods must be removed.

Settlement was due today... House still full of their things. Vendor flew into a bit of a rage at the final inspection, threatened the agent with her bikie father and what not... She also thinks she can just pull out of the sale. Bit late for that! Anyway, the final (third!) inspection on tomorrow morning. Maybe this time she'll actually let us in the house. And it will be empty

 

[MTR]

I purchased a property in Melb about 4 years ago now and I never viewed the property prior to settlement I am in Perth, had arranged for the RE agent to view this on my behalf, did not happen.

I get left with a mountain of rubbish, the RE company paid for the removal of the rubbish but it took some convincing.

Lesson learnt, I now hold back funds when buying interstate.

Good luck

 

[Elliotte]

I must be the opposite to everyone else. I love going through junk. My sister and I wanted to make an offer on a hoarder style place we liked purely for fun of going through the junk. Joking about a condition that says they take their clothes and leave every single other bit of the crazy. Would have made an easy 10K or more I think selling it all off.

 

[geoffw]

In one property the PM found a suitcase of WW1 letters hidden away- a few years after we bought. Unfortunately I didn't get to see them. We couldn't locate the old owner so they were donated to the War Memorial.