Property is still dirty and left with lots of junk

Hi People,

I'd like to ask for your opinion and suggestion of what are my options and the best course of action pre-settlement after the contract is exchanged.

The property still has some old wardrobe, white goods in the kitchen.
Under the house, there are still lots of old tires, rotten wood pile, and cartons.

Would it be possible to ask the vendor to remove those rubbish and unwanted old appliances & wardrobes?

Any help would be greatly appreciated.

Thanks.

 

Is it in the contract that its left clean and tidy?

 

My understanding:
"Contracts exchange" when you have both signed and you have finished your cooling off period* (*depends on the state) and paid your deposit.
A "pre-settlement inspection" usually happens a few days before settlement.
Settlement often occurs around 5-6 weeks after contracts exchange* (*can really be any length of time agreed between vendor and purchaser but it needs to be enough to fund the purchase and have all the necessary activities done)

Get your Lawyer/Conveyancer involved if you have to. Refuse to settle until it has no junk. And often the seller's agent will be motivated to help you in this because they want to see it settle too.

 

With all the junk around the house probably isnt in top condition anyway? You could refuse to settle if the studf is still there, or spend a couple hundred to get it removed. If timing is important this might be easier.

 

Thanks for the response people,

@SeafordSunshine as per below standard contract, there is no clause or section which showing it must be cleaned?

@Trainee & @Gockie Yes, the house has been vacated for a year or so in NSW since the owner was moving to QLD.
Since the property contract was exchanged after the auction, would it still be possible to ask the vendor to clean the old rubbish?

As per my understanding, there is no cooling off period.

 

You've got the free standing wardrobe etc marked as an inclusion. But not the junk under the house! I'd request that it be removed before settlement. Refuse to settle otherwise.

 

That's cool, I never thought about that before.
Because I can be sued if there is no settlement after 42 days after I signed the contract. , but it seems possible.
THanks @Gockie

 

OK, so I assume I am entitled to any item that is checked under the contract screenshot as above, but I cannot find any Clothesline in the house, so can I ask the Vendor to install it for me at the backyard?

 

No probably not. There is also an element of buying it as it was inspected with auctions so you really should be asking these questions to your conveyancer/lawyer. It's likely there is a tv aerial and rangehood but they also don't have x next to them and the REA might have made a mistake - there will be a clause somewhere protecting him/her from unknown errors.

 

@AlbertWT have a read of this thread: When is vacant possession not vacant possession (in NSW)?

 

@Propertunity thanks for sharing your experience here mate.
@Westminster Yes, make sense, at least I will ask the agent or via the solicitor and hopefully they are willing to comply, otherwise, it is extra labour cost which I can claim as Capital Gain discount later when I sell the property.

 

If the junk is underneath the house, then it technically it is on the land ( not in or on the house )

 

Most solicitors will send a letter to the vendors solicitor and ask for the clean up to be effected prior to settlement. The day prior you may be asked to confirm this by inspection. Typically a retention will be applied to the settlement so (for example $1,000) is withheld. If its clean they get it back. If its not you spend the $1K on a clean up and they pay for it.

Your solicitor is the one to address this as early as possible

 

If you are to have vacant possession, that means inside loving areas are free of oersonal moveable items, the rubbish outside and under house are now owned by you.

Ask if they will remove, but no to not complete, you need to settle.

 

But keep in mind....do you really want to delay settlement while this is sorted out?

 

If it was to be included in the contract, then yes, but what is one worth ? 40 bucks ? 60, 80 ?

You may be annoyed at them, but it may also not be intentional, if you negotiated a good price, maybe let it all go.....

 

If this house is in Mt Druitt, don't be too concerned.

Just get vendor to move unwanted stuff to the footpath. It'll be gone in a few days. Passers by will scavenge the pile and take what they like eg "Ooh, look someones thrown away a perfectly good bong, just a small crack in it which I'll fix with chewing gum lol". The rest will be taken by council.

You can ring council beforehand and let them know about it so that you don't contravene some council regulation.

 

Thanks all for the sharing and suggestion.
I have asked the vendor and they have agreed to fulfil my request surprisingly.

I will ask my council for the pickup dates.

 

why spend $6 , when you can scavange for hours and drive around the suburb looking for pots of gold at the end of the rainbow!