fixing a rangehood during settlement.

We are selling a place at the moment, the rangehood is faulty and 99.9% was likely to be faulty through the entire inspection process as the previous tenants were filthy pigs and may have even run it with out the filters for a while.

Anyway the REA said we had to change it before settlement as it is a fixture and all fixtures must be working. I would have thought it is buyer beware, just because something is installed doesn't mean we are warranting it works 100%. The contract of sale/section 32 is very boiler plate standard one.

So do we legally need to replace it?
If we had mentioned it in the advertisement (e.g. ducted A/C) would it have changed this?

We changed it as for the sake of $150 and 30 minutes i would rather it done and not risk delaying settlement this time of year, but interested if we had too.

 

No, it must be in the same state and condition as it was when contracts were exchanged (fair wear & tear allowed for).

It was the purchaser's responsibility to make sure everything was working......unless your contract says something different.

But for the sake of $150 why make a big deal out of it?

 

Yer i agree $150 is cheap, i was more wondering for in the future, e.g. if we sold a place with a reverse A/C they can be worth $3k and since these are rentals i might not know, e.g. we had a tenant move in recently on one place and the heater shuts off after 5 minutes ...

 

If it was working when inspected you will need to replace.

If it wasn't working when inspected and the contract didn't say all appliances will be working then there is no need to replace.