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Access prior to settlement

Discussion in 'The Buying & Selling Process' started by Brendon, 19th Jul, 2016.

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  1. Brendon

    Brendon Well-Known Member

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    i have just purchased a property (will supply more details after cooling off period) and am trying to get access prior to settlement, long story short the bank is selling the property and they have no idea about prior access so I am looking to get approval from their conveyancer which should be fine.

    My question is if I don't get approval and I just start working on the house anyway (just external things) what are the possible repercussions?
    Has anyone done this before?
     
  2. markson

    markson Well-Known Member

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    Just a guess but possibly charged for trespassing or break & enter.

    And if you start "renovating" you may be looking at Malicious Damage. Not worth it IMO
     
    Last edited: 19th Jul, 2016
    Big Will likes this.
  3. Big Will

    Big Will Well-Known Member

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    What Mark has said you do not own the property so you cannot legally enter the property without approval from the vendor.

    If it was agreed in the contract to have early access then different story.
     
  4. Propertunity

    Propertunity Exclusive Real Estate Buyers Agent Business Member

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    Their conveyancer will not be authorised to approve access pre-settlement for you. They will need to obtain instructions from their client (the bank) which will likely not be forthcoming.
     
    Jacque likes this.
  5. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Yes, little chance of a bank in possession allowing early access.

    I had a client who snuck in and removed a kitchen before the valuer arrived - no kitchen meant the banks didn't want to lend and he was unable to regain access prior to settlement.
     
  6. Jamie Moore

    Jamie Moore MORTGAGE BROKER - AUSTRALIA WIDE Business Member

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    Agree with the others - banks are tough to deal with during a purchase process. I can't see them allowing access to the property prior to settlement - there's nothing in it for them.

    Cheers

    Jamie
     
  7. Brendon

    Brendon Well-Known Member

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    Thanks for your replies, it seems if they don't give me access I'll just have to wait which isn't a big deal.

    They definitely are hard to deal with, the only thing working in my favour is the carport and second story decking have seriously rotted posts so we have raised the point that if they were to fall before settlement it would be a big problem as its a lot easier/cheaper to replace the posts than the whole structure if it falls.

    Guess I just have to wait and see!
     
  8. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Could I suggest you draw up a list of things that 'may be required' ?

    Congratulations on your purchase!