Unconditional sale "conditions"

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Forums › Finance and wealth management › Unconditional sale "conditions"

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Bung

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#3171716 14-Dec-2023 15:13

I wonder how many of these demands are made by intending landlords wanting to let the place as soon as possible at minimum extra expense to themselves.

duckDecoy

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#3171756 14-Dec-2023 16:24

wellygary:

if they had not specifically included bulbs in the S+P I would have gone round and taken out every bulb in the house ... :)

Off topic, but when my friends dad divorced his 2nd wife she got paid out 50:50 but also went around the house and took half the light bulbs, dug up half the plants, took half the loose screws and nails... I imagine it was a small price for him to pay.

xpd

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#3171784 14-Dec-2023 19:37

Right, solicitor said unless stated in conditions, property is "as is" within reason.

Buyers solicitor sent through 30 photos, of "items of concern" - 90% were so anal and nitpicky it wasn't funny. ie: some jars left on a ledge. Some house paint in the shed. A padlock without a key (and it wasnt locked).

So can guess what solicitor on our side said... :D

Fun times. Anyway, tomorrow is d-day, so will be interesting to see what happens.

Gavin / xpd / FastRaccoon / Geek of Coastguard New Zealand

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farcus

1554 posts

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#3171788 14-Dec-2023 19:44

there's what is legally required but then there is "good form".
How hard would it be for you to get rid of some old jars, a rusty old padlock and some old paint?

xpd

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#3172135 15-Dec-2023 16:08

This gets more and more entertaining........ settlement refused over a brand new dishwasher :D

Old dishwasher packed up while house was on market. Old one removed and new one arrived but not installed. Is in the house.

FML.

Suspect its more of a tactic to draw things out so they can finish getting themselves sorted......

I'm going to get drunk tonight and not worry about it.

Gavin / xpd / FastRaccoon / Geek of Coastguard New Zealand

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bagheera

539 posts

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#3172141 15-Dec-2023 16:27

xpd:

This gets more and more entertaining........ settlement refused over a brand new dishwasher :D

Old dishwasher packed up while house was on market. Old one removed and new one arrived but not installed. Is in the house.

FML.

Suspect its more of a tactic to draw things out so they can finish getting themselves sorted......

I'm going to get drunk tonight and not worry about it.

having installed a few dishwasher, I would want it done if it had one and not sitting around uninstalled - they can be an A... to get in at times and who know if it DOA or not.

wellygary

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#3172150 15-Dec-2023 16:46

xpd:

This gets more and more entertaining........ settlement refused over a brand new dishwasher :D

Old dishwasher packed up while house was on market. Old one removed and new one arrived but not installed. Is in the house.

FML.

Suspect its more of a tactic to draw things out so they can finish getting themselves sorted......

I suspect your lawyer was "What the %%^%$!!"

Yeah, sounds like they are wanting to drag it out, or maybe they are just @ssholes :)

They are presumably forking over many 100,000s and they are beefing about a new dishwasher not being installed......

Mind you, after we settled on a place (which we were totally going to gut and renovate) the vendor came back asking for the doormats, and a potted lemon tree... unfortunately they had been the first things into the skip bin :)

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xpd

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#3172152 15-Dec-2023 16:50

Even the agents are "WT....F". Theyve taken it upon themselves to organize installation of the washer at their cost. So good on them for that..... so maybe settlement can slip in before everyone goes home....

Gavin / xpd / FastRaccoon / Geek of Coastguard New Zealand

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nzkc

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#3172184 15-Dec-2023 20:03

xpd:

I've been sent photos of what theyre asking to have removed.... and OMFG. Anal.

Even asking for tree branches that came down in bad weather to be removed from under the trees in an area of the yard you cant even see from the house. And a few tins of paint from the shed - which is FOR THE HOUSE.

Off to solicitors tomorrow to sort out...

Fun times :D

I'd be trespassing them from the property at this stage. Just to play tit for tat.

Goosey

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#3172229 16-Dec-2023 08:38

Hang on,

if the seller of the house has decided to take the current dishwasher and replace it, it’s pretty given that they should install it before leaving…..it’s not the purchasers problem. (Unless the S&P specifically said dishwasher (not installed).

xpd

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#3172238 16-Dec-2023 09:27

Goosey:

Hang on,

if the seller of the house has decided to take the current dishwasher and replace it, it’s pretty given that they should install it before leaving…..it’s not the purchasers problem. (Unless the S&P specifically said dishwasher (not installed).

No, the dishwasher that was there died couple weeks before auction. So a new one was purchased but just not installed.

Even the agents cant understand why its such an issue, as the new owner is just renting the house out, and all they say is "no dishwasher" on the rental details.

They're just stalling for time, but its going to start costing them in interest. The agents have now taken it upon themselves to install the new dishwasher at their cost, as they want the sale to complete so they can get their funds as well.

Gavin / xpd / FastRaccoon / Geek of Coastguard New Zealand

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Bung

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#3172337 16-Dec-2023 13:33

xpd: They're just stalling for time, but its going to start costing them in interest. The agents have now taken it upon themselves to install the new dishwasher at their cost, as they want the sale to complete so they can get their funds as well.

IANAL but I think as soon as the sale goes unconditional the agents get their commission. If there wasn't a deposit that covered it you are liable for it even if the buyer tries defaulting on the deal.

cddt

1561 posts

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#3172575 17-Dec-2023 10:27

If it were me I would have had a clause regarding the broken dishwasher added to the conditions prior to the auction, and let the eventual purchaser deal with the replacement.

mentalinc

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#3172591 17-Dec-2023 10:49

Wash the dishwasher included as a chattel in the S&P?

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irpegg

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#3172610 17-Dec-2023 12:01

The worst part of these back and forth in settlement disputes is your lawyer will be charging $100 every time they even read a message and it can add it up quick. Sometimes it's best to write off an issue and sort yourself to avoid the lawyers ;p

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