What would you do?

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Old Feb 27th 2007, 2:10 am
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Default What would you do?

The f***ers I'm buying my house off...

well for a start, they didn't declare that there was a council order for the 'new people' (us) to connect to the sewer within three months of buying. Fair enough, let's get a quote and they can pay half.
So we got a quote for $12k, to do said job. The vendors are going to pay $6,500 and we have this written in to the contract. In the meantime we find another quote, for $8K, and we could find another for less. That's fine, because the vendors are paying for most of it now, unbeknown to them.

This morning I get a letter which tells us that the highway is going to be widened right past the house. We were told there were no plans to widen the highway. Given the Heritiage listed nature of the house we're currently checking whether the plans still stand. They were made in 1970 and 1972.... It's possible the heritage listing came in after that and that the plans won't be allowed.

The plans state that they want to take an 8ft by 8ft corner of our block and pay us for doing so. That's fine, but it appears this will mean we'll have a 4 lane highway going past our house.

This was not disclosed to the vendor's solicitor, which now means that the vendors have twice broken the contract conditions...

I still love the house and the land but FFS! We are seriously considering asking for a massive price drop or backing out completely.

Any input gratefully received.

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Old Feb 27th 2007, 2:25 am
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Default Re: What would you do?

Originally Posted by iPom
The f***ers I'm buying my house off...

well for a start, they didn't declare that there was a council order for the 'new people' (us) to connect to the sewer within three months of buying. Fair enough, let's get a quote and they can pay half.
So we got a quote for $12k, to do said job. The vendors are going to pay $6,500 and we have this written in to the contract. In the meantime we find another quote, for $8K, and we could find another for less. That's fine, because the vendors are paying for most of it now, unbeknown to them.

This morning I get a letter which tells us that the highway is going to be widened right past the house. We were told there were no plans to widen the highway. Given the Heritiage listed nature of the house we're currently checking whether the plans still stand. They were made in 1970 and 1972.... It's possible the heritage listing came in after that and that the plans won't be allowed.

The plans state that they want to take an 8ft by 8ft corner of our block and pay us for doing so. That's fine, but it appears this will mean we'll have a 4 lane highway going past our house.

This was not disclosed to the vendor's solicitor, which now means that the vendors have twice broken the contract conditions...

I still love the house and the land but FFS! We are seriously considering asking for a massive price drop or backing out completely.

Any input gratefully received.


My thought would be to cut and run - what else is there that you do not know? And surely a 4 lane freeway next to you kind of goes against the peace and quiet aspects of the mountains?!

Tough decision, but there will be other houses...

Hope it works out..

S
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Old Feb 27th 2007, 2:25 am
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Default Re: What would you do?

How far will the house be from the highway?
I think thats going to make the place hard to sell in the future, I would pull out

Or just turn your house into a truckers cafe

Originally Posted by iPom
The f***ers I'm buying my house off...

well for a start, they didn't declare that there was a council order for the 'new people' (us) to connect to the sewer within three months of buying. Fair enough, let's get a quote and they can pay half.
So we got a quote for $12k, to do said job. The vendors are going to pay $6,500 and we have this written in to the contract. In the meantime we find another quote, for $8K, and we could find another for less. That's fine, because the vendors are paying for most of it now, unbeknown to them.

This morning I get a letter which tells us that the highway is going to be widened right past the house. We were told there were no plans to widen the highway. Given the Heritiage listed nature of the house we're currently checking whether the plans still stand. They were made in 1970 and 1972.... It's possible the heritage listing came in after that and that the plans won't be allowed.

The plans state that they want to take an 8ft by 8ft corner of our block and pay us for doing so. That's fine, but it appears this will mean we'll have a 4 lane highway going past our house.

This was not disclosed to the vendor's solicitor, which now means that the vendors have twice broken the contract conditions...

I still love the house and the land but FFS! We are seriously considering asking for a massive price drop or backing out completely.

Any input gratefully received.

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Old Feb 27th 2007, 2:31 am
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Default Re: What would you do?

Merlin, the trucker cafe seems a good proposal.

I'll mention it to my OH and see how he feels.
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Old Feb 27th 2007, 2:32 am
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Default Re: What would you do?

Originally Posted by stevemich
My thought would be to cut and run - what else is there that you do not know? And surely a 4 lane freeway next to you kind of goes against the peace and quiet aspects of the mountains?!

Tough decision, but there will be other houses...

Hope it works out..

S
If the plans still stand, yes, we're going to have to do this. We'll have lost fees. There's no way we'll give the buggers any of the deposit seeing as they've twice broken the contract.
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Old Feb 27th 2007, 2:39 am
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Default Re: What would you do?

iPom, can you find out more about the plans? Are the proposals State or Federal Government plans? I've read your post as saying the plans were drawn up in the 70s, so could they since have been dropped? Can you contact some in the local council planning department and ask them about it too, they should be able to give you an idea what's going on too?

My experience of road planning in NSW (having worked for the RTA) is that many get proposed, few get built!
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Old Feb 27th 2007, 2:45 am
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Default Re: What would you do?

Originally Posted by iPom
If the plans still stand, yes, we're going to have to do this. We'll have lost fees. There's no way we'll give the buggers any of the deposit seeing as they've twice broken the contract.
Hiya iPom!!!

What a complete mess TBH if I was you I'd be pulling out. As stevemich said, what else haven't they told you?? You may think you still want the house and offer a much lower price, but do you really want the constant whine of traffic in your ears all day?

I'd be suing the buggers for lying to me and claim the fees back from them!!

Good luck hon....there is a better house out there waiting for you
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Old Feb 27th 2007, 2:48 am
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Default Re: What would you do?

Originally Posted by iPom
Merlin, the trucker cafe seems a good proposal.

I'll mention it to my OH and see how he feels.
Sounds like a complete pain in the arse - something I know a lot about!

I would seriously consider your position - which by the sounds of things seems pretty strong. Maybe go and have a chat with the council, and find out more about the plans. If they stand, and are going to be enacted, then I would try negotiating a fair lump of cash off of the sale price, and if they arn't going to play ball, threaten to walk away. They have already breached the contract, so you have plenty of room to move.

If it looks like the plans for the road are really going to make a difference to the place, then, as Merlin says, you need to really consider the resale value of the place in future years. If it looks like it may be effected, then you can either drop out or ask for some kind of advanced recompense from the vendors...

Hope that helps.

S
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Old Feb 27th 2007, 3:01 am
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Default Re: What would you do?

Originally Posted by artep
Hiya iPom!!!

What a complete mess TBH if I was you I'd be pulling out. As stevemich said, what else haven't they told you?? You may think you still want the house and offer a much lower price, but do you really want the constant whine of traffic in your ears all day?

I'd be suing the buggers for lying to me and claim the fees back from them!!

Good luck hon....there is a better house out there waiting for you
Agree. Tell them you will not be buying the house now and seeing how they failed to declare very important things in the contracts you will be suing for any expenses you have incured up to now. Yes, the house is lovely (from the pictures) but there will be other lovely houses that don't have 4 lane highways in the front yard.
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Old Feb 27th 2007, 4:12 am
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Default Re: What would you do?

I agree with you all and thanks for the advice.

Chels, our conveyancer is onto the RTA who are the ones who have the plans and we're waiting now to hear from her. It's encouraging to hear that few get built but I won't be relying on that happening.

I'll be speaking to the Heritage listing guy in the morning to see if they can actually do this outside a Heritage listed building.

Artep, Swervo, Dorothy... I am very tempted to sue them for our costs. They told the agent there were no plans and he in turn told us there were no plans.
Had we known there were plans, we would never have offered on the house... OR we would have offered a lot lower.
Their non disclosure has cost us fees and a lot of time. Complete arses.

I am quite happy to walk away. The house is beautiful, but it's not the only house in the world. Took me 8 months of looking to find it and if it takes another 8, then so be it.
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Old Feb 27th 2007, 7:26 am
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Default Re: What would you do?

I'm starting to wonder if you are supposed to have the house They are certainly messing you about but your solicitor doesn't sound like the sharpest knife in the block. Did he take their word for that that there were no plans, or did he actually check himself.

As you say, it is only a house and one that you are not totally attached to. Go have a a word with its ghost and see if it can mess their lives up
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Old Feb 27th 2007, 7:32 am
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Default Re: What would you do?

Originally Posted by moneypen20
As you say, it is only a house and one that you are not totally attached to. Go have a a word with its ghost and see if it can mess their lives up
I imagine bailing on the deal will mess them about pretty much won't it? I think that's what I would do. Or take them out for a meal and leave them halfway through via a side exit

S
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Old Feb 27th 2007, 7:39 am
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Default Re: What would you do?

Originally Posted by moneypen20
I'm starting to wonder if you are supposed to have the house They are certainly messing you about but your solicitor doesn't sound like the sharpest knife in the block. Did he take their word for that that there were no plans, or did he actually check himself.

As you say, it is only a house and one that you are not totally attached to. Go have a a word with its ghost and see if it can mess their lives up
\

My solicitor is as sharp as a tack... The vendors didn't disclose this info to their solicitor...which is what should have happened. Then their solicitor should have told ours. However, our solicitor doesn't trust the vendors as far as she can throw them and has ordered every search she can think of. This search threw up RTA plans from 1972. The vendors certainly knew about them but didn't say... Who knows why... incompetence? Wanting us to get too far in we couldn't back out?
I don't know. They told the agent there were no plans... the agent assumed they were telling the truth.

I am going to speak to the neighbours tomorrow morning... they might be able to tell me something too. I might hold a seance in the back garden and see if I can locate the wee ghosty. I think he might have just been trying to wind me up though.
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Old Feb 27th 2007, 7:41 am
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Default Re: What would you do?

Originally Posted by Swerv-o
I imagine bailing on the deal will mess them about pretty much won't it? I think that's what I would do. Or take them out for a meal and leave them halfway through via a side exit

S

Yes, considering that we're the only ones in 4 yrs who wanted the house. If we back out now, they're completely screwed.


There is a nice restaurant I could take them to.....
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Old Feb 27th 2007, 7:42 am
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Default Re: What would you do?

Originally Posted by iPom
The f***ers I'm buying my house off...

well for a start, they didn't declare that there was a council order for the 'new people' (us) to connect to the sewer within three months of buying. Fair enough, let's get a quote and they can pay half.
So we got a quote for $12k, to do said job. The vendors are going to pay $6,500 and we have this written in to the contract. In the meantime we find another quote, for $8K, and we could find another for less. That's fine, because the vendors are paying for most of it now, unbeknown to them.

This morning I get a letter which tells us that the highway is going to be widened right past the house. We were told there were no plans to widen the highway. Given the Heritiage listed nature of the house we're currently checking whether the plans still stand. They were made in 1970 and 1972.... It's possible the heritage listing came in after that and that the plans won't be allowed.

The plans state that they want to take an 8ft by 8ft corner of our block and pay us for doing so. That's fine, but it appears this will mean we'll have a 4 lane highway going past our house.

This was not disclosed to the vendor's solicitor, which now means that the vendors have twice broken the contract conditions...

I still love the house and the land but FFS! We are seriously considering asking for a massive price drop or backing out completely.

Any input gratefully received.

Logically Ipom I suppose what you need to decide is do you love teh house enough despite all these added expenses and issues to live there with a massive road right outside your front door????
Or do you think you'd be able to find a house which ok maybe isn't your dream house (get the impression house wise you love this one?) but will be a better option all round i.e nice house, good garden, quieter location.

Only you and your family know but I really do wish you the best of luck deciding what to do, sounds like your in a horrible situation but I htink if you wanted to you'd have every right to back out.

Jen
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