What would you do??

1. Trying to sell and tennant leaves the place a mess!!

I am currently trying to sell a 2 bed apartment that is marketed as new and imaculate, (it is managed by the Hyatt in Auckland). However the tennant leaves the place with clothes on the floor, food across benches etc., to the point where we couldn't take photos and affects potential buyers.

The agent says there is not much we can do. Would I pay the tennant $100- to keep it clean for a month? Any ideas?

2. I am purchasing in brisbane, I forwarded the deposit to the account of the sellers settling agent as per instructions of my settling agent. The sellers agent since was forced to close their operations, the refund of the deposit is being dragged out and won't be ready for settlement day in 3 days. Who is responsible?

Thanks Rob
 
2. I am purchasing in brisbane, I forwarded the deposit to the account of the sellers settling agent as per instructions of my settling agent. The sellers agent since was forced to close their operations, the refund of the deposit is being dragged out and won't be ready for settlement day in 3 days. Who is responsible?

Don't know about QLD but the contract note in Vic is usually worded as "Purchase price $(x+y), $x paid as deposit with the remainder $y to be paid on <settlement date>". I'm no lawyer but if you have paid your deposit and have a receipt to prove it, you are only required to pay the balance on settlement. The deposit is being held in trust for the seller so let him worry about when / if it will be paid. Why is it being refunded to you - shouldnt it be transefered to the trust account of the vendor's new agent?

Just my opinion. Best to ask yr conveyencer / lawyer .
 
1. Trying to sell and tennant leaves the place a mess!!

is the tenant still on lease? if not then i would take the house off the market, get rid of the tenant, clean the place up and give yourself a timeframe to sell - and put it back on the market vacant and immaculate.

if it doesn't sell within your timeframe then relet the property. you will lose a few weeks rent - i'd give yourself 6 weeks on the market to gauge reaction and you can drop the price after the first 2 weeks if no results - but you may be able to put the price up slightly because of it's presentation condition.
 
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