Vendor

(Sorry for the partial title but I clicked submit before I realised and then it was too late)

Hi all,

Its not a big issue just something that iritated me tonight when I just went to do the final inspection on my new IP that settles tomorrow.

At many inpections prior to exchage and the Vendor vacating the property there were a quantity of roof tile, floor tiles and exterior paint in the shed that were all specific to this property (same black glazed roof tiles, same 400mm x 400mm floor tiles as the 200m2 that are laid in the house and same partial remains of the exterior texture coat paint that matches the current coating). Even when I went last week for a PM inspection after the Vendor had clearly vacated the property these materials were still left behind in the shed.

I go there tonight and all is gone which doesn't make sense as the Vendor had already moved out several weeks ago and we are only talking small partial quantities that seem to have no use other than for future maintence of this property.

My issue is that the building inspection highlighted some samll issues relating to "druming tile" and the "lack of expansion joints in the internal tile floor" which could lead to cracks in tiles and "repairs required to external brick walls" that would need re-coating if done. I did not address any of these issues at exchange as I was of the undertstanding that I would have these materials to fix any issues should or if they arise. They were not included or excluded in the contract unlike a few pot plants were.

I spoke to my solicitor but it appears that the property is sold as a "vacant possession" therefore this is a grey area and he sees no recourse for me prior to settlement.

WTF.....................Not happy Jan.

Is it something that I should just let go or something that really should be addressed prior to settlement. To me its not a breach of any kind it just seems a bit unethical.

Cheers.
 
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You bought a house, not the contents of the shed - unless it's in the contract.

Yep thats what my solicitor basically said and as I said it wanst in the contract.

The thing that iritated me is that they were not packed in boxes they were simply stacked in the corner of the shed until last week which was several weeks after the Vendor moved out. To me its seems they took them as a last minute thought for some unknown reason, maybe they weren't happy with the $$$ or my choice to stay with 42 days settlement as per the contract they provided as it allowed me to find a tenant that moves in this week.

What can a person do with a few roof tiles, less than 2sq m of tiles and a few litres of texture coat.

I am happy just unsure...................
 
What can a person do with a few roof tiles, less than 2sq m of tiles and a few litres of texture coat.

Annoy purchaser that may need to re-tile.

Could it be possible that the vendor has disposed of them? Have you checked the bins? What about contacting the agent and see if they can ask the vendor what happened to them.
 
I would get the vendor's phone number and when it is settled tomorrow and he knows you will not hold things up, call him and be very nice and ask him is it possible for you to collect those items for any future repairs.

A reasonable person should agree. I would (unless you had done something during the purchase to annoy me), but even then, if you called me and were nice, I would probably relent.

Face to face or phone would be best, rather than through a solicitor. It is easier to say "no" to your request through a solicitor, especially if something in the conveyancing or the deal has upset them, which may not have anything to do with you personally.
 
Annoy purchaser that may need to re-tile.
Yep....they acheived that!!

Could it be possible that the vendor has disposed of them? Have you checked the bins?
Unlikely as the were packed nice and neatly in a corner and if they saw the need to keep them as the owner why wouldn't they see if the new owner (me) wanted them also. Why go to all the effort to come to the property after you have left just to throw out this stuff or why didn't they throw it out when they left the first time? They could have even offered them for sale but that would makke them seem like the type of perople them seem to be from my POV. Yes bins were empty.

What about contacting the agent and see if they can ask the vendor what happened to them.
Done that but no reply yet and it settlement is tomorrow thus the Q about what can I do other than the obvious.

Cheers again.
 
if something in the conveyancing or the deal has upset them, which may not have anything to do with you personally.

I think this is the crux of the issue.............took them 10 days to get a signed contract to me after acceptance of the offer and it specified settlement 42 day from exchange which happened the next day then apparently they the wanted to expedite the settlement after exchange which from my POV only was to their benefit only and not mine as I needed to find a tenant so I stayed with the 42 days.

Was mentioned last week by the selling agent but didn't give it much thought until todays revelations.
 
I think this is the crux of the issue.............took them 10 days to get a signed contract to me after acceptance of the offer and it specified settlement 42 day from exchange which happened the next day then apparently they the wanted to expedite the settlement after exchange which from my POV only was to their benefit only and not mine as I needed to find a tenant so I stayed with the 42 days.

There ya go, sometimes it's a bit of give and take...they were probably pissed off because for one reason or another they needed an earlier settlement and so decided to get you back...simple misunderstanding that could of perhaps been resolved with better communication, did you ask why they needed an earlier settlement?

Not saying anyone party is right, just each party perceives things differently...
 
I think this is the crux of the issue.............took them 10 days to get a signed contract to me after acceptance of the offer and it specified settlement 42 day from exchange which happened the next day then apparently they the wanted to expedite the settlement after exchange which from my POV only was to their benefit only and not mine as I needed to find a tenant so I stayed with the 42 days.

Was mentioned last week by the selling agent but didn't give it much thought until todays revelations.
Not many settlements go the way you want,in money terms what are the materials worth,most could be found in 2 nd hand building companies for less than $100.00,and be taxable,i would be looking at the bigger picture when you get the tenants in place,and see over time what hidden damage can build up over the years,and the landlord always is left holding the can:)..willair..
 
I agree with making a phone call to the vendor upon settlement to discuss the posibility of getting those materials back. You may also find that they were not being spiteful in any way and giving you vacant possesion as required. I believe it is their legal obligation to remove all belongings, including building materials, from the site prior to settlement.

Legally speaking, items of this nature should be included in the 'included fixtures' or similar section of the contract or the special conditions if this section doesn't exist in your state.
 
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