what do i do?? please help

[Piston Broke]

Agree with the other posts, but in summary what I would do is:

Get my own solicitor.

Not talk to them about rental at all refer them to my solicitor.
That's why I'm paying him/her.

Instruct my solicitor that the settlement must be strictly for vacant possession and make clear that I won't accept anything else.

Refer any further conversation from anybody re current tenant or further rental to the solicitor.
I would simply say "I dunno, you need to talk to the solicitor".

Get insurance or a cover note on the property asap

Get another agent to manage the property asap.

The onus is now on them to deliver vacant possession.
If they can;t settle by due date, instruct your solicitor to charge the vendor $150 (more if you have family) per night it would cost you not to move in and stay in temp accomodation.
Because that was my intention all along.

good luck

 

[Bigtone]

Exactly what Piston Broke said, he is spot on.

Don't talk to him ever again, refer him to your new solicitor, he can't win unless you give in to the pressure. If he can't contact you he can't pressure you.

Tell your solicitor that no settlement unless vacant possession and property inspection on day of settlement (after tenant has moved out).

Good luck

 

[Pa1nter]

I agree,don't settle until he,s out,

However on thinking that this is not your normal tenant and is the REA that was involved,it would not surprise me he knows the rules / loopholes and is hoping you wont settle so he gets to keep the house at the present rent.

Just a thought?

 

[pennyk]

I also agree with the others, both about not settling and also not talking directly to the REA. This is what you pay your solicitor to do. The agent obviously feels he can manipulate you, so push it back on your solicitor.
and do a pre-settlement inspection once they've moved out.
Pen

 

[travelbug]

There is no inside trading i have spoken to RE agent few times to negotiate on the rent and sign a new lease with lodging bond etc. He said i dont have any bond or anything....

What do you mean to sign a new lease? Please tell me you didn't sign anything.

i agree its the tenant. he knows that i am being kind an offering him $400 a wekk as oppose to $450 but he doesnt want to pay over $350. he wants to take advantage of my kindness. i would hate to kick them out coz there kids are in year 12 and i understand how hard it'll be for them. But he doesnt want to negotiate.... i am worried he might damage the house...

Do i talk to the owners i.e ask this agent to give him their contact details. i dont have their rental history either..

You are puting yourself through unnecessary stress. Get you solicitor to ring their solicitor and say "we want vacant possession as per the contract" END of Story. Do your pre settlement inspection (book it in with the REA) a few days before settlement. If it's not empty and in the same condition (as everyone has said) DON'T SETTLE!
.

Good luck. Try not to get too stressed.

 

[Elfsmum]

Remember no settlement - no agents commission either - and money talks!

 

[bespoke]

Agree with the other posts, but in summary what I would do is:

Get my own solicitor.

Not talk to them about rental at all refer them to my solicitor.
That's why I'm paying him/her.

Instruct my solicitor that the settlement must be strictly for vacant possession and make clear that I won't accept anything else.

Refer any further conversation from anybody re current tenant or further rental to the solicitor.
I would simply say "I dunno, you need to talk to the solicitor".

Get insurance or a cover note on the property asap

Get another agent to manage the property asap.

The onus is now on them to deliver vacant possession.
If they can;t settle by due date, instruct your solicitor to charge the vendor $150 (more if you have family) per night it would cost you not to move in and stay in temp accomodation.
Because that was my intention all along.

good luck

Love this answer.

Ill also add my 2 cents worth:

You went with the solicitor the agent recommended? Hmmmmm be careful there, I would consider changing solicitors.

HARDEN UP. This is an investment right? Take a step away from the emotional blackmail that the REA is putting on you.

Look at your sums for this INVESTMENT and think of it that way. Every dollar that you accept less than the market rate is a dollar out of you and your families pocket. Got kids? Well $100 a week is $5200 per year and would be a nice family holiday at .....say the gold coast .....or maybe a trip to Hong Kong Disneyland.

There was a person on here who posted about having rented to a REA who then turned around and wouldnt pay the rent. Knew every trick in the book to stay in the property without paying any rent.

DONT LET THEM STAY. Getting them out and them doing damage on the way out is not your problem. Its the vendors BUT DO NOT SIGN A LEASE WITH THEM. EVER.

Good luck. l;et us know what happens.

 

[schweedy]

Could it be an option to do another inspection?? To measure up some rooms (pre plan any renovations needed once tenants are out), and take along a notorary witness (someone who can stand up in court), come along with. Main reason being to make note of the state of the property???

Due to complications and no lease/bond, friends had problems removing a tenant. Under the advice of a silly solicitor, they decided to just move on in and have tennat moved out onto the lawn. Needless to say, cops were called to remove the owners, but this also allowed them to get the cops to do an inspection of the premisses, as tenant had threatened to trash the joint. Cop happily said and did stand up at VCAT/court on their behalf.

That may be an option you have. Also photos off the net/advert for the property, as proof of the state of the premises prior to purchase.

As others have said. Being in RE, this guy will know every loophole, how else do you reckon he is on such good rent now?? This could get messy, but better to be messy to the vendor than you later on.

 

[lizzie]

once contracts were exchanged the agent is out of the selling loop.

don't talk to him AT ALL except to arrange presettlement inspection. the sale is now between your solicitor and the vendor solicitor. the agent doesn't have an opinion or any involvement any more. the ONLY person you talk to regarding this purchase is your solicitor.

oh - and all that other stuff about vacant possession that's already been covered.

 

[RE rocks]

Love this answer.

DONT LET THEM STAY. Getting them out and them doing damage on the way out is not your problem. Its the vendors BUT DO NOT SIGN A LEASE WITH THEM. EVER.

Good luck. l;et us know what happens.

update on this mess:

Spoke to my solicitor this morning and advised them of this mess. She thinks that there is nothing to stress about.... Her answer was if you dont get vacant possession, the contract is null and void... she also mentioned that the ball is in my court.... we can even sue them for every extra day they delay or simply walk out of the contract. She said in agents best interest he would want to get his wife and kids out otherwise it'll damage his reputation

talking about damage, damage to the property will be assessed on 28/05. If for any reason we think we have doubts, we wont go ahead.

my only question on the below statement is HOW HOW??? we dont get access to thew property. Also in terms of damage unless he makes a holes in the wall or get there dogs to urniate on the carpet, i cant see any other damages to the property as i do not have a builders eye,...

"Unless the place is in the condition you viewed it in, don't settle. Check the property several days prior to setlement."

 

[bespoke]

Stop stressing. Your solicitor will handle it if the place isnt up to scratch.

BUT you will have to go and have a look at the place, you dont have to be a builder to see damage. Did you get a building inspection report? I hope so as there is written proof of the condition of the property before all this kicked off.

If your that worried about damage that you wont be able to assess yourself, why dont you see if the guy that did the property inspection will come to do the final inspection with you. May cost you some dollars but would be peace of mind for you and a bit of moral support if the RE agent tries to rail road you into accepting something you dont want to.

As for your solicitor saying its in the best interests for the REagent to leave the property, well thay arnt doing that very quietly now are they, they are not doing whats uin the best interests for their reputation now... are they.

Actually, I just thought of something. Is the actual agent you have dealt with the owner of the RE business? If he is just an employee, I would ask to speak with the owner of the agency as this agent is damaging the agencies reputation and harassing a buyer.

 

[The Y-man]

my only question on the below statement is HOW HOW??? we dont get access to thew property.

Hi RE Rocks,

The agent MUST give you access to perform your final inspection. We always do this a few days before the settlement.

Any damage would be pretty obvious - like you say, holes in walls, broken windows, missing lights....

As always, check the hot water (make sure they didn't take the HWS with them), heating, colling and the stoves etc.

As bespoke has suggested, you could also do a full on inspection.

Cheers,

The Y-man

 

[Piston Broke]

I remember "inspection before settlement" being in the sale contracts.
If it ain't, from now on make sure it always is.

 

[joanmc]

Is this your first IP?
I go with what everyone else here has said and your solicitor. Don't be afraid to let it go if you're not happy. better to miss this opportunity than be saddled with a ton of heartache because of it.
Stop stressing!

 

[yadreamin]

I agree with all the others on this, but its tough on you l am sure but, harden up.
I just hope that this agent/person is not doing this to get you to walk away from the deal so they can then buy it themselves or their mates buy it.
Make sure you do not talk to him at all and get your solicitor to charge a daily rate for everyday settlement is late.
Keep us informed.
sleep tight
cheers

 

[RE rocks]

Update II on the this story:

Thursday morning the agent called me up to say you cant do this with my family. ..... and then after I told him moving forward do not contact me, i'm not considering you as my potential tenant, he turned really agressive and said" Wait for the consequences" and i was like thats it. Called up my Solicitor and she said forward the messages and i'll get this agency a hefty fine and would teach this agent a lesson. One tough lady hahahaha.

She said we'll wait a bit longer.

This morning agent text me to say i would really need an extension for a week. Please please and a completly different tone. Saying he would very thnakful and asked me if i can discuss the options with my solicitor. I didnt reply but i will let my solicitor know about this on Monday. Another thing i'll ask my soliciotr to add would be delay it by a week and add inspection 3 days before settlement i.e move date from 28/05 to 04/05 and inspection day on 01 or 02/05

Meanwhile i have already contact few PPM's to search for potentail tenants to minimise vacancy.

He has tried emotional blackmail and now threats and dont know what's comin next.... it should be all good.....

The only other option to consider would be if i decide not to give him that extra week ans stick to vacant possession on 28/05, dont know what will he do??

 

[yadreamin]

Give me a break
If you extend 1 week he,s got you again, dont, dont, dont

get him out, he is a proffessional at this, l am sure.

get him out
get him out and get on with business

 

[The Y-man]

This morning agent text me to say i would really need an extension for a week.

Does this mean an extension (delay) in settlement?

It might work to your advanatge to say counter offer a delay in settlment to 6 months or something (give thme time to sort out their act, fix the joint etc) - maybe the place may have a decent chunk of equity by then ....

The Y-man

 

[Lukey75]

Get onto REIV, and contact the principal of his RE agency. This is fraud.

Cease the contract as breach and request your deposit back. Inform your Financial institution as they will also get involved with breach as it is a variation to the contractual terms.

Do it, then take photo's of the property inside and out with time date stamp and send it through to your bank and REIV. THEN deliver him with a simple letter of demand (write it your self stipulating the facts and have a JOP sign it) instructing him/her to vacate within xxx of days OR pay the market rent. Get hard and he will back down! He does not have a leg to stand on, essentially he is squatting.

Good luck.

 

[mja]

No - do not keep the tenant on. He might then try to take you to tribunal for jacking the rent up too high after settlement. Others have said - do not deal with the agent any more due to the conflict of interest - everything is to be done through your solicitor, end of story.

Make an inspection of the property before it settles and if anything is amiss (eg damage), then do not settle and wait for the vendor to fix the items up before settling.

You'll be fine.