Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.




483 posts

Ultimate Geek

Lifetime subscriber

#268088 27-Feb-2020 12:00
Send private message

Having just bought a new property, I am surprised to find my solicitor was not familiar with the impact that an Internet connection can have on settlement day.

 

When you purchase a home the usual instrument is a 'sale and purchase agreement' that either your solicitor or the selling real estate agent presents to you.  There is a standard agreement the REINZ uses, and this includes a requirement that on settlement day the vendor is required to render the property to the purchaser in a 'vacant possession' state - i.e. empty except for specified chattels.

 

The issue at hand is whether internet access is included.  If the vendor has an active internet connection, I would say that if the vendor has not arranged for that connection to be relinquished on or before settlement day so that the purchaser can arrange to use that connection with their RSP of choice on or after settlement day, then the vendor has not met their 'vacant possession' obligation.

 

The problem here is that all RSPs that I am aware of require 30 days notice of disconnection, therefore the vendor needs to advise their RSP of termination or relocation at least 30 days prior to settlement date.  If they do not do so, the internet connection cannot be used by the purchaser until the connection is relinquished. Potentially the purchaser has to go without an Internet connection for up to 30 days.

 

Has anyone had a problem with getting an internet connection at their new property, caused by the fact that the existing connection is still owned by the vendor after settlement day?





--

OldGeek.


Create new topic
4542 posts

Uber Geek

Trusted

  #2428145 27-Feb-2020 12:07
Send private message

I think you might be overthinking it just a tad. Even if it was argued the vendor hasn't met their obligations by not disconnecting the internet, what are you realistically going to gain from that? Would you walk away from the sale?... doubt it. Was it worth the extra lawyers fees to argue the point?..doubt it.

 

Regardless, Chorus have a procedure for abandonment. It takes maybe 7 days or so. Your RSP needs to log an abandonment, and then Chorus will check the with the RSP of the current connection if it is ok to disconnect.


1984 posts

Uber Geek

Lifetime subscriber

  #2428151 27-Feb-2020 12:18
Send private message

I think the OP maybe suggesting that sale and purchase agreements need to have some sort of wording to state that the broadband account wont be active for that property on settlement day. 

 

In this day and age with fibre connections isnt it possible to have two accounts on the same ONT?

 

That in mind... perhaps the OP could make a suggestion to the real estate body that creates the templates for sale and purchase agreements who in turn could then drive change to make this a standard condition of S&P ? (else you just manually insert the condition)?

 

I agree with previous poster.... its swings and roundabouts and IMO, if you are looking at a property at least ask the vendor if the line will be free on settlement date. 

 

 


 
 
 
 




483 posts

Ultimate Geek

Lifetime subscriber

  #2428152 27-Feb-2020 12:27
Send private message

That was my approach - talking to the vendor about the need for them to give their ISP 30 days notice of their move.  They were clearly unaware of this and would not have done so otherwise.

 

My question is more about the vendors solicitor giving their client the right advice on what 'vacant possession' means in respect of their Internet connection (as well as everything else).  This was not done.  I would not like it at all if there was a significant delay to me (as the purchaser) getting my connection caused by the negligence of the vendor and/or vendors solicitor.





--

OldGeek.


4427 posts

Uber Geek

Trusted

  #2428154 27-Feb-2020 12:29
Send private message

I recently had exactly this issue but had a Fixed Wireless backup in case of such situations which I just used instead for a few days... Anyway, it was my fault for not specifying it as a specific condition.

 

Cheers - N

 

 





--

 

Please note all comments are the product of my own brain and don't necessarily represent the position or opinions of my employer, previous employers, colleagues, friends or pets.


Banana?
4980 posts

Uber Geek

Subscriber

  #2428173 27-Feb-2020 12:38
Send private message

It's a good point, and one that Solicitors, and probably Real Estate Agents should make clear.

 

 

 

There is a lot to do when you've sold your house, and it is perfectly understandable that you would forget to do it until the last minute.

 

The ISPs have to play along as well. From the vendors point of view, they might give their ISP a disconnection  date with >30 days notice, then the ISP might just go and disconnect them straight away, or on some random date (heard of it happening).


1984 posts

Uber Geek

Lifetime subscriber

  #2428176 27-Feb-2020 12:41
Send private message

OldGeek:

That was my approach - talking to the vendor about the need for them to give their ISP 30 days notice of their move.  They were clearly unaware of this and would not have done so otherwise.


My question is more about the vendors solicitor giving their client the right advice on what 'vacant possession' means in respect of their Internet connection (as well as everything else).  This was not done.  I would not like it at all if there was a significant delay to me (as the purchaser) getting my connection caused by the negligence of the vendor and/or vendors solicitor.



Write to the law societies in the hope they might pick this up and publish as an educational bulletin?


'That VDSL Cat'
12335 posts

Uber Geek

Trusted
Spark
Subscriber

  #2428179 27-Feb-2020 12:51
Send private message

Most LFC's will provision your service on another port. Chorus are currently discussing a change here.

 

There is nothing stopping a provider from taking your 30 days notice and billing you for that but setting the disconnect RFS on that day. generally does require a few extra steps though.





#include <std_disclaimer>

 

Any comments made are personal opinion and do not reflect directly on the position my current or past employers may have.

 


 
 
 
 


927 posts

Ultimate Geek


  #2428193 27-Feb-2020 13:23
Send private message

Internet service is in the same category as any other utility service: electricity, gas, post delivery, rubbish collection. If you want S&P agreements to specify conditions you want for any utility, put them in. The vast majority of sales participants would just get on with it.





BlinkyBill




483 posts

Ultimate Geek

Lifetime subscriber

  #2428203 27-Feb-2020 13:43
Send private message

hio77:

 

Most LFC's will provision your service on another port. Chorus are currently discussing a change here.

 

There is nothing stopping a provider from taking your 30 days notice and billing you for that but setting the disconnect RFS on that day. generally does require a few extra steps though.

 

 

May be true for Fibre, but copper (xDSL)?





--

OldGeek.


832 posts

Ultimate Geek

Lifetime subscriber

  #2428246 27-Feb-2020 13:47
Send private message

I've just sold a property in NZ. Settlement is next month.

The internet connection availability was mentioned in the "Conditions" of sale, along with another couple of things - like completing a boundary survey.

Purchaser obviously wanted to be sure about it.


Create new topic





Twitter and LinkedIn »



Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





News »

Chorus completes the build and commissioning of two new core Ethernet switches
Posted 8-Jul-2020 09:48


National Institute for Health Innovation develops treatment app for gambling
Posted 6-Jul-2020 16:25


Nokia 2.3 to be available in New Zealand
Posted 6-Jul-2020 12:30


Menulog change colours as parent company merges with Dutch food delivery service
Posted 2-Jul-2020 07:53


Techweek2020 goes digital to make it easier for Kiwis to connect and learn
Posted 2-Jul-2020 07:48


Catalyst Cloud launches new Solutions Hub to support their kiwi Partners and Customers
Posted 2-Jul-2020 07:44


Microsoft to help New Zealand job seekers acquire new digital skills needed for the COVID-19 economy
Posted 2-Jul-2020 07:41


Hewlett Packard Enterprise introduces new HPE GreenLake cloud services
Posted 24-Jun-2020 08:07


New cloud data protection services from Hewlett Packard Enterprise
Posted 24-Jun-2020 07:58


Hewlett Packard Enterprise unveils HPE Ezmeral, new software portfolio and brand
Posted 24-Jun-2020 07:10


Apple reveals new developer technologies to foster the next generation of apps
Posted 23-Jun-2020 15:30


Poly introduces solutions for Microsoft Teams Rooms
Posted 23-Jun-2020 15:14


Lenovo launches new ThinkPad P Series mobile workstations
Posted 23-Jun-2020 09:17


Lenovo brings Linux certification to ThinkPad and ThinkStation Workstation portfolio
Posted 23-Jun-2020 08:56


Apple introduces new features for iPhone iOS14 and iPadOS 14
Posted 23-Jun-2020 08:28



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.


Support Geekzone »

Our community of supporters help make Geekzone possible. Click the button below to join them.

Support Geezone on PressPatron



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.