Kingswood

Very quickly, put in an offer for a house in Perth, this was accepted with the condition that certain furniture was included and that the air-con had a service. Our agent told us that we would be able to inspect the house ie, final inspection before settlement and note any items that were broken/not working. This we did only to be informed that this inspection only covered electrics/gas and plumbing, all other items were now down to ourselves to put right, This includes window casements leaking, flat roof over alfresco area leaking, damage to carpets ect.
Also to complicate matters, items that the seller should have provided before settlement- builders warranty, service records have not appeared.
Any proffesional advice on legalities please!

Bobcat

Your O & A should have had included a clause such as : GOOD WORKING ORDER : The SELLER/S warrant that all electrical, gas, and plumbing (inclusive of all swimming pool/spa equipment and/or reticulation if applicable) shall be in good working order at settlement. If not on your actual O & A this is sometimes an attachment as in Annexure 'A' for example and it does form part of your contract.

The Pre-Settlement inspection does only pertain to matters relating to plumbing, gas, and electrical.

Any abnormalities uncovered should have been listed on the O & A in numerical sequence under the heading : The Special conditions printed below this line apply to this contract. Generally speaking......... you don't accept a verbal ............ put everything down in writing.

You could have added clauses to suit yourself re any concerns you may have had about the property such as : This offer is subject to the vendor/s making good at their expense the leaking flat roof......... leaking window casements etc. such repairwork to be carried out to a satisfactory manner by (insert a cut-off date).

Obviously to insert certain conditions means the contract is less 'clean' and the vendor could frown upon same and view your offer less favourably?

You could have also made your offer subject to a satisfactory building engineer's report............ but this covers mainly structural damage.

Your entitlements are covered in great detail in the 'Joint Form of General Conditions for the Sale of Land' 2002 revision edition.

You should have received a copy of this along with your copy of the O & A you signed.

I have covered in great detail clauses to help out the purchasers in several other posts. A search should bring them up for you.

Good luck.

Kingswood

Cheers for the reply Bobcat, I take on board what you say, the main item being of GOOD WORKING ORDER this being open to interpretations. A very grey area on both parties but hopefully an area that our settlement agent and solicitor can work with.

Bobcat

I just recently sold a house in Carramar to newly arrived migrants from the UK. We did the pre-settlement inspection and everything was A-Okay....... no problems............ everything was in fine working condition.

Popped round to see the purchasers a few days after they moved in with a house-warming present; everything was still okay but they were freezing as they could not work out how to operate the reverse cycle air-con heating section?

A quick look through the manual didn't enlighten us how to work the unit....... even though it was written in English........ I contacted the vendors who had moved miles away.......but they were unsure how to work the remote control thingys either?

Although I work in the vendor's best interest when selling their property....... I didn't want my purchasers to freeze to death shortly after they had arrived from the much warmer UK regions! As such; I got on the blower to an air-con techie ............. he was round shortly........... showed purchasers how to operate said system.......... felt guilty about having to charge a call-out fee for something so simple............ so while on site he serviced the unit which would have needed re-gassing down the track anyhow?

I put my hand in pocket and paid for technician and had no qualms about doing so. All part of the service if we want repeat business. Have to keep both parties happy even though we are obliged to work in the vendor's best interest.

Where did you buy......... was it north or south of the river?

wardy2

AAh Bobcat you are so kind you make me all warm and fuzzy do you think you could come to cairns when we arrive and hold our hands through buying a house....please

Kaye x

Bobcat

G'uday Wardy...........come over to Perth........... you know it's much better over here.

Can't help you at all if you head off to Cairns so good luck with whatever you do end up buying.

I think uncle billy may get the boot tonight once Sam's boys have finished with them......... what do you reckon?

wardy2

Think we will have a good evening tonight going to the pub to watch it. Hopefully young Michael will bring his goal scoring back to Newcastle

Kids had a little flutter on the England match the other night England to win with Michael to score first, one of them won £100 not that I encourage gambling you see but in a controlled way I can keep a little eye on them.

Cant afford Perth we dont think thats what puts us off, although OH has some good contacts in Perth re work he is a pipefitter/welder air conditioning all big engineering stuff. We dont want to have a huge mortgage, everywhere I look on real estate sites prices are

Can you tip us of about any nice suburbs which are really nice but want a 4 bed house, possible pool, but $450-$500k.

Go on think about it

Kaye x

Kingswood

Hi Bobcat, just down from you... off the Marmion. If the guys we were using had your work ethics we probably would'nt be in this position. It'll be interesting how it all pans out?

Bobcat

No worries........... I just got an invite to a housewarming barby this weekend from my purchaser so i must be doing something right. Will you be inviting your Agent round to your housewarming?

Unfortunately greed gets the better of some reps............ thankfully not all though.

Keep me posted how you go......... no names no pack drill and all that?

Contrary to popular belief we aren't all scumbags and rip-off merchants....... it's just a small minority that tend to spoil it for everyone.

Fact of the matter is you are all fair game coming over here loaded with a good exchange rate; it's annoyed me to hear some horror stories from BE members who have been taken advantage of recently. Unfortunately....... I'd say they came across the small minority we discussed before. I've been able to point a few new arrivals in the right direction......... but I'd say this problem is ongoing .................... so you lot coming over to Perth be extra careful before you sign anything.

Give me a bell if you aren't sure about anything? No cooling off period in WA so do your homework before you sign on the dotted line.