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-   -   Need help-problem with property post settlement (https://britishexpats.com/forum/australia-54/need-help-problem-property-post-settlement-347002/)

Mrs Rangersman Jan 9th 2006 2:38 am

Need help-problem with property post settlement
 
Our settlement went through last Wednesday, the previous owners are renting the property from us for a couple of months and the air-conditioning breaks down 3 days later ( i.e. Saturday) just had a call from the real estate (who is managing the rental, actually the same one who sold us the property)to say it will need looking at and we will have to pay.

Does anyone know if we have to pay for it to be repaired or is there any redress with the real estate as it is so soon after settlement? Please help.

What a bummer! Sods law really! Hope this all makes sense.

Nicola

ABCDiamond Jan 9th 2006 3:23 am

Re: Need help-problem with property post settlement
 

Originally Posted by Mrs Rangersman
Our settlement went through last Wednesday, the previous owners are renting the property from us for a couple of months and the air-conditioning breaks down 3 days later ( i.e. Saturday) just had a call from the real estate (who is managing the rental, actually the same one who sold us the property)to say it will need looking at and we will have to pay.

Does anyone know if we have to pay for it to be repaired or is there any redress with the real estate as it is so soon after settlement? Please help.

What a bummer! Sods law really! Hope this all makes sense.

Nicola

Legally it will be the responsibility of whoever OWNS the property at the time.

banjo Jan 9th 2006 5:06 am

Re: Need help-problem with property post settlement
 

Originally Posted by Mrs Rangersman
Our settlement went through last Wednesday, the previous owners are renting the property from us for a couple of months and the air-conditioning breaks down 3 days later ( i.e. Saturday)
Nicola


:rolleyes: mmmmm very convenient (for them) When did you do your final inspection? but yes, ABC is right....you would be liable to pay for repairs.

Luke I Amyofath Jan 9th 2006 5:22 am

Re: Need help-problem with property post settlement
 
Have they entered into a lease agreement ?
Personaly Id be tempted to tell them that they had a/c for free for the weekend but after that the rent didnt include it and tell them they are more than welcome to install a/c if its too hot for them

Banksia Jan 9th 2006 5:57 am

Re: Need help-problem with property post settlement
 

Originally Posted by banjo
:rolleyes: mmmmm very convenient (for them) When did you do your final inspection? but yes, ABC is right....you would be liable to pay for repairs.

Oh?

The law in NSW (probably based on the common law rather than statute) is that risk in the property passes on exchange of contracts. That is why prudent conveyancers acting for a purchaser high tail it to insure the improvements on exchange.

Siren & Brian Jan 9th 2006 6:00 am

Re: Need help-problem with property post settlement
 

Originally Posted by Luke I Amyofath
Have they entered into a lease agreement ?
Personaly Id be tempted to tell them that they had a/c for free for the weekend but after that the rent didnt include it and tell them they are more than welcome to install a/c if its too hot for them


Unfortunately cant do that as if the air con was in a working condition when they started the rental lease then it is required to be maintained by the owner.

You say it needs looking at. Is it working at all, fan not working, not getting cold enough, was it just cos of Saturdays heat????

Mrs Rangersman Jan 9th 2006 10:17 am

Re: Need help-problem with property post settlement
 
We did the final inspection on the previous Saturday and she showed us it was working. The message from the Real Estate this morning was that on Saturday it started making a funny noise and then started leaking water, so they turned it off and called Real Estate Monday, stange thing is that I bumped into the tenant in the local shops Saturday and she never said anything about it. We even talked about when we might be able to move.

I guess we are going to have to cough up, might be worth getting the air-con serviced at the same time as repair.


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