Missing equipment from contract

Discussion in 'Legal Issues' started by Fina09, 3rd Jan, 2022.

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  1. Fina09

    Fina09 Member

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    In Contract it was ticked that range hood is included and agent said kitchen has range hood.
    But after buying I asked the owner directly and they said there is no range hood.
    During inspection I didn’t understand because it was such an old style one. Thus I asked agent.

    Is there any legal binding I can ask for compensation? It’s clearly the agents fault here. My lawyer said the contract says house is bought as is, so it has none to do with the owner rather it’s between me and agent.
     
  2. The Y-man

    The Y-man Moderator Staff Member

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    You need a better lawyer (if indeed there is a tickbox saying "rangehood included").

    The Y-man
     
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  3. Stoffo

    Stoffo Well-Known Member

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    It would be "as inspected" ....
    Can you prove it was changed ?
    Pic's or it didn't happen :rolleyes:
     
  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Get advice on refusing to settle until a rangehood is supplied and fitted.
    If settled already the contract has completed and not much you can do.
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

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    A cheap & cheerful rangehood will set you back about $100 from a seconds place. If all of the forum members chipped in 20 cents each, you could replace the kitchen as well.
     
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  6. skyfall

    skyfall Well-Known Member

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    Maybe $5 each from the regulars would cover it. OP, don't sweat the small stuff.
     
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  7. The Y-man

    The Y-man Moderator Staff Member

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    $139 (before discounts) at the Good Guys brand new.

    The Y-man
     
  8. Fina09

    Fina09 Member

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    The settlement hasn’t been done yet. ~4 wks left
     
  9. thatbum

    thatbum Well-Known Member

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    I find it very hard to believe a lawyer said this. Because its wrong on a few different levels.

    Did you misunderstand them?
     
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  10. Fina09

    Fina09 Member

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    seconds place means second hand?
    Good guys cover the installation cost?
     
  11. Fina09

    Fina09 Member

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    I mean at this point changing lawyer is risky.
    Should i reach out to the agent directly? Or lawyer would just ask compensation from the agent?
     
  12. Fina09

    Fina09 Member

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    I’m quite surprised agent can tick things wrongly in contract and get away with it. If they give me wrong info they should account for it.
    I still have the texts from the agent where he says there’s a rangehood.

    my lawyers reply exactly-
    “The property is to be sold how it is. If it is not classified as a range hood then it was incorrectly marked by the agent.”

    If my lawyer doesn’t help I’m not sure what steps can I take here.
     
  13. Joynz

    Joynz Well-Known Member

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    Sounds like there is an extractor fan - how is this different in principle from a range hood?
     
  14. Scott No Mates

    Scott No Mates Well-Known Member

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    No, factory seconds. This includes damaged packaging, scratched cases or other minor non-performance issues.
     
  15. Scott No Mates

    Scott No Mates Well-Known Member

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    The agent doesn't prepare contracts, it's the vendor's solicitor
     
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  16. Stoffo

    Stoffo Well-Known Member

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    This entire thread is screaming BUYER REMORSE :D

    Based on the information supplied by the vendor.
    (I sold a unit recently and forgot to tick the box that indicates the washer/dryer is incl:rolleyes:)

    @Fina09 you are wasting your time and money :p
    If it hasn't been changed or modified from when you inspected and signed the contract then your lawyer is correct,
    ;)
    Hence why you were asked for pic's early in the thread replies !

    It will come to pass that this is the least of your problems beginning settlement day when the place isn't clean enough/needs re-painting due to the paint behind their old bookcase not fading/ the carpet will need replacing due to obvious wear now their furniture is gone/finally the hot water service will fail in the first 6 weeks and require replacing :eek:

    There is no deliberate deception here, not like it was marketed as a 3br home when in fact it's a 2br unit/ or advertised as a 2 bath when in fact it only has 1 with a second toilet/ or advertised with 3 car when its only got a carport with a long drive o_O

    @skyfall has the best post
     
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  17. The Y-man

    The Y-man Moderator Staff Member

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    A text and a signed contract is a totally different thing.
    The agent can text "the property comes with diamond encrusted walls", but if it is not on the contract, it means nothing and cannot be enforced.

    The Y-man
     
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  18. Marg4000

    Marg4000 Well-Known Member

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    So you specifically checked that there was no range hood during your inspection?

    Or is there? What do you mean by “an old style one”?
     
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  19. wylie

    wylie Moderator Staff Member

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    Every contract we've signed has been prepared by the agent. Is this just a Queensland thing?
     
  20. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Doesnt sound like he inspected well and there is confusiion about what a "rangehood" even is. . It could a case of "mistake" if the contract had a tick where there was no rangehood. This is one of the failings of the lack of legal involvement in matters of property law in QLD. eg agents who knock up a contract. Given a rangehood costs $150 it doesnt seem like a monumental contractual issue. If the old style thing was there when inspected and when settled then...thats what is there. You cant now demand a stainless steel ducted rangehood.
     
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