Fair wear and tear during pre settlement inspection

Discussion in 'Legal Issues' started by Jazcat, 5th Oct, 2019.

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  1. Jazcat

    Jazcat Member

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    Found extensive water damage through the gyprock ceiling during pre settlement inspection.
    Vendors are claiming fair wear and tear due to the fact that its caused by a slipped tile,
    I was under the impression they still had to maintain the house until settlement was complete. Meaning a slipped tile should have been fixed before it caused further damage.

    Anyone had similar experiances?
     
  2. Joynz

    Joynz Well-Known Member

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    A slipped tile would usually not be obvious until there’s a leak following a rainstorm.

    What exactly is the damage? Is it just a stained ceiling? Or has part of the ceiling collapsed?

    I don’t think a leak like this is fair wear and tear - the vendor should be rectifying.
     
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  3. Stoffo

    Stoffo Well-Known Member

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    Yes.
    We showed up 2 days prior to settlement for inspection to find water staining and saggin covering 30% of a bedroom ceiling (along with a half empty green pool due to a leak, filthy oven and other smaller items).

    We refused to settle, and accepted a $700 discount for the ceiling damage with other items to be rectified ;)

    House should be in the same condition as when inspected at contract signing :D

    This is also why both the vendor and purchaser are advised to ensure insurance is maintained until settlement o_O
    "Slipped tiles" aren't a common thing, neither are house fires, both can happen but would you still settle if the house was a pile of ash ?

    * But be careful, the vendors in our case were divorcing, he had been living there but was away on hols, so she went over and put the hose in the pool and left the filter running for two days, took all the oven racks and put them on the cushions (off the couch we also agreed to buy) so her car didn't get dirty along with all the plans and various building approvals and dumped the lot :mad:, should have further delayed settlement and organised a second inspection :(
     
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  4. Jazcat

    Jazcat Member

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    The house has been unoccupied since our offer was accepted 5 weeks ago so the water damage could have been there for a while noting the lack of rain in the last couple weeks.
    I could only see the water damage on the gyprock i haven't recieved the report yet.
     
  5. Stoffo

    Stoffo Well-Known Member

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    Repairs would be to cut under cornice to wall join, remove cornice and ceiling replacing both with new and to repaint (usually including walls).
    Also reinstatement of light fittings and insulation....

    If there is only slight water staining a repaint might cover it, but plan for the worst scenario so you can barter :p
     
  6. Trainee

    Trainee Well-Known Member

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    Did you see the water damage when you inspected before you made the offer? Cant imagine a building inspection would have missed this.
     
  7. Jazcat

    Jazcat Member

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    None at all so its happened in the 5 weeks.
     
  8. Propertunity

    Propertunity Well-Known Member

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    This is not "fair wear & tear". It is storm or wind damage that lifted the tile so water could enter. The vendor needs to have it repaired either under their insurance policy or out of their own pocket.
    Delay settlement until it gets sorted.
     
    Last edited: 6th Oct, 2019
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