Bad experience anything we can do?

Discussion in 'The Buying & Selling Process' started by Ricki barkham, 20th Apr, 2021.

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  1. Ricki barkham

    Ricki barkham Well-Known Member

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    We went and looked at the house on Saturday a while back that we liked and the vendors agent was meant to come value our current house on Thursday as we would be subject to sale.
    We made this clear to him and he said then would be a problem.
    We put a offer in Sunday and after a few declined offers he said our price was accepted but I said no point coming out unless he had a signed contract with out conditions. ( subject to sale, finance, building and pest and boundary survey and settlement 60’days with lease agreement for 1 week prior).
    once he got here all he wanted to do was sit down and sign us up to sell with him with no looking around. he said here’s the a valuation)a generic print off the net with the pics of from when we bought a few years ago even tho we done new landscaping, painting, etc.
    he just wanted to sign us up.
    we said we need to get a second valuation done and he said he can’t sell us the other place unless he controls our sale. I said no he didn’t have to control our sale.
    He then said he didn’t have a sale contract for the property we like.

    He walked out when I said we not signing him up on the spot.

    next day got a call,
    Vendors not happy with condition of subject to sale, not happy with land survey, not happy with settlement time.

    2 days later we had pre approval and we had our house sold in 12 hours pending the new purchase.
    took another 2 weeks to get the signed contact with subject to 90 day settlement, building and pest, final approval of finance.
    Took him 6 days to organise to let the bank valuator in.
    So now it’s all Approved there’s only 5 weeks til the 90 days are up and he people are still living there and not sure when moving not.

    I can see the problems of them not being total out or settlement being delayed due to this issues with the agent.
    We asked for a lease agreement due to having 2 young kids under 3, dog, 3 work trailer,
    so having settlement anytime from 12 till 4 pm on a Friday and kids only in care till 4pm this are hard especially when the vendors agent is over 70 mins drive from the new property.

    is there anything we can do about the constant delays?

    And settlement times?
     
  2. thatbum

    thatbum Well-Known Member

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    Uh what a confusing story. What’s it actually up to now?

    And you used the same agent as the vendor that you were buying from? On a subject to sale contract?

    Isn’t that a conflict of interest?
     
  3. Ricki barkham

    Ricki barkham Well-Known Member

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    Very confusing and all very frustrating
    All paperwork has gone in, just waiting on settlement now.

    no we used a different agent.
    The same one we bought the house from lol
    She’s such a nice lady
    She’s been advocating on our behalf with vendors agent cos he kept luring to us and changing his story
     
  4. Firefly99

    Firefly99 Well-Known Member

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    This is quite confusing. If tenants need to move out of the property you are purchasing, did the contract stipulate vacant possession? What are you wanting a lease agreement for, is this so you can move into the property before settlement?
     
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  5. Firefly99

    Firefly99 Well-Known Member

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    If the contracts are all sorted and unconditional the communication should be between your solicitor and the seller’s solicitor (and the buyers as you are also selling). Leave the agent out of it.
     
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  6. Ricki barkham

    Ricki barkham Well-Known Member

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    Yes with 2 young kids its hard to move so wanted to be able to move majority of stuff while there in child care for 2 days that I have off work before settlement

    convencer said settlement cdm be between 2 and 5pm on the Friday and kids need to be picked up at 430pm
     
  7. Ricki barkham

    Ricki barkham Well-Known Member

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    He’s out of it now, the sellers just not accepting any of our requests due to the 28 day delay from there agent slowing things down
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

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    There's 5 weeks to settlement, most contracts are only 6 weeks - what's the issue?

    You don't get possession until settlement.
     
  9. Firefly99

    Firefly99 Well-Known Member

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    They don’t have to provide possession prior to settlement. If I were you I’d plan to move everything the week after settlement, not before.
     
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  10. Scott No Mates

    Scott No Mates Well-Known Member

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    Agency is open on Saturday or you don't need 2 people to pick up the keys. (You can even get Uber to pick them up for you).
     
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  11. Ryan23

    Ryan23 Well-Known Member

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    shouldn't all the terms be in the contract? 5 weeks is plenty of time for people to move out before settlement or one week of pre settlement access as per the contract.
     
  12. Ruby Tuesday

    Ruby Tuesday Well-Known Member

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    What does the time the kids need to be picked up have to do with settlement ?
     
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  13. Trainee

    Trainee Well-Known Member

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    then what you should do is rent a storage space, put most of your things in it before, and minimise the move on settlement day.
     
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  14. Ricki barkham

    Ricki barkham Well-Known Member

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    But we have to be out of our current house on same day as that settles also
     
  15. Ricki barkham

    Ricki barkham Well-Known Member

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    Cos we need time to move before kids need to be picked up
     
  16. Firefly99

    Firefly99 Well-Known Member

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    Ohh. That’s tricky. You might need to pack up the house and have it in storage for a few days. I get that it’s a massive pain, and made harder with young kids, but it’s not the sellers problem and they have no obligation to assist.
     
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  17. Trainee

    Trainee Well-Known Member

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    Not sure what you expect anyone to do here. The seller or the agent cant control what time in the day settlement occurs.

    hire some people to help move so one of you can go pick up the kids if required. Or drop them off with friends for a few hours. Get storage.
     
  18. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    I hope you know that settlements often don't happen on the day. Having 2 properties settle on the same day is going to cause a lot of stress if any of the 3 banks/properties aren't ready
     
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  19. Perp

    Perp Well-Known Member

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    You need to pay removalists. They'll get it done way faster and then you're free to pick up the kids etc.

    Plus have you legally tied the two settlements together, or is there a possibility that the property you're selling can't settle (for whatever reason) but you're still obliged to settle your purchase?
     
  20. Scott No Mates

    Scott No Mates Well-Known Member

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    What happens if settlement is delayed?
     
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