[ACT] buyers wanting access - do they need my permission?

I'm currently interstate, the property is usually vacant , the contract has been exchanged but I've got a family friend occupying the property for the next fortnight as ANU is unable to organise quarantine acccomodation for him. Now the REA is giving me grief because someone is quarantining in my property so the buyer can't access the property and wanting me to evict the person.

More to the point, doesn't the REA needs to seek my permission before the buyers access the property? Also, I'm pretty sure I don't need to consent to the request to the property (other than pre-settlement inspection)?

Thanks in advance

 

This would be in the contract. Under the standard NSW one they would only get the right to inspect before settlement, prob similar under the ACT standard contract

 

For what reason does the buyer want access? Is it for a building and pest report? bank valuation? Final inspection?
I'm not sure if it's different in ACT but yes permission should be sought for all and any access

 

If some-one is in quarantine not even god almighty can give permission to enter the property. The Health department is in control of your property.

 

They wanted to get the blinds shop in to do a measure and quote. All without my knowledge or permission, of course. The REA took it upon themselves to blame me for the property being occupied and now the buyer is spooked as the property has been used as a quarantine facility that the REA has also demanded I should go organise professional sanitisation prior to settlement. Speaking of which, they've accepted the buyer's request and conducted a pre-exchange inspection but of course, I only found out about the inspection after being presented with a list of repair demands and the REA's Freudian slip...

Back to this. The individual has been tested negative prior to his departure and on the basis of his sky high ATAR, I don't think he's stupid enough to stop in Sydney's red zone before driving down to Canberra so the likelihood of being infected would be slim. Yet the REA sounded so emotional as if she's already contracted COVID from him...that's another story.

Definitely. I think (hope) they've wised up and not to approach the property for the next fortnight. There have been other issues during the campaign but this has been the biggest issue I've had with them so far. I can't wait till settlement so I'm done with them!

 

Do you have a solicitor? Tell the agent to stop bothering you and let the buyer’s solicitor talk to your solicitor. This is how all the communication should take place once contracts are exchanged and gone unconditional.

 

So he is self isolating pending a negative test (or two)
I've done this several times, its definitely not "quarantining" unless a possitive result is returned.

The buyer can request all sorts of access but the vendor has to permit it, and as noted the only one is usually the pre settlement inspection (or as per contract).

Assuming your contract has gone unconditional the time for them to negotiate things is long past (unless there has been damage to the property since)

 

How dare you occupy your own property!
Let them demand what they like. You should demand something yourself, like a birthday cake.

 

And is the agent acting for you or for the purchaser?

 

I've already told her the demand is ridiculous and we've left it at that.

Quite possibly, given I was told the REA's boss was going to call me but the lack of calls means they've figured they're in the wrong.

Nope, happy to put my hands up and attribute some faults here but I didn't expect the REA will grant them access without my permission. I think they're taking advantage of me being absent.

Conveyancer is away but flicked them an email. The conveyancer knows the REA's manager.

The buyer is picking and choosing how they want to communicate and seems as if my REA is working for the buyer, not me.

 

This is irrelevant. You have a written contract I presume?

 

Absolutely.

 

How long until settlement ?
You need to clarify that this tenant/friend is "self isolating", they are not quarantining (as quarantining infurs they may test positive)

If the property is vacated well prior to settlement then there shouldnt be an issue, that and they would have to be able to reasonably prove that cost was necessary (and good luck proving the tenant had returned a positive test result).

 

Another 40 days to go until settlement and the individual has been tested negative so he is "self-isolating" as part of the requirement to get the travel exemption. The only reason why I've used "quarantining" as that's the terminology used by the ACT Government on their COVID site.

 

Once deposit is paid into agent’s trust account (and their commission assured), they have nothing more to gain from you and everything to gain from the buyer (rental listing, future business) plus you are leaving the area anyways.

Stop picking up agent’s phone and only respond to anything you get from your solicitor.

 

Was it sold as vacant possession?
edit: I meant, currently tenanted, but vacant possession on settlement.

 

Just to close the loop - ACT's like every other state will require the vendor's permission for the purchase to access the property after exchange.

Yeah sold as vacant possession and nothing's been mentioned around the property being vacant or the buyer has free for all access to it.

 

There's also the issue of insurance coverage if the prospective buyer trips and breaks his knee on your property
I'm of the view that it's your property, and you can do whatever you want with it until the ink has dried on the conveyancers' exchange papers, but then I'm not sure how the law treats these things.