Selling agent not completing Roof restoration works

Discussion in 'The Buying & Selling Process' started by SydneyInvestor, 16th Aug, 2017.

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  1. SydneyInvestor

    SydneyInvestor Well-Known Member

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    Hi Guys,

    I am about to settle a property in QLD next week.
    Some works was required to be completed by seller before settlement. In the annexure, the sellers agent mentioned for one of the items as "Roof restoration as per Australian Standards"

    Now they have completed only capping and repointing, not sealing and painting. As per my conveyancer, we would need to prove that sealing and painting falls under Australian Standards for them to complete this works now. Can someone help me if you have any knowledge or experience in this. Also, solicitor suggested if someone is able to give a copy of the Australian Standard to prove my point. I could not find anything online.

    Any help is appreciated here, thanks!
     
  2. Coastal

    Coastal Well-Known Member

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    I think they only need to do capping and repointing/ replacing broken tiles.

    Painting and sealing do not really make a difference (I think)
     
  3. Propagate

    Propagate Well-Known Member

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    You should have expanded on what constitutes a "Roof Restoration" at the outset. To me, a roof restoration just means water tight, safe and does whatever a roof is supposed to do. Sounds like that's what they've done? And as long as the capping pointing was done to Australian Standards then they've "probably" satisfied their side of the bargain?
     
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  4. Paul@PAS

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

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    What was the legal advice when that clause was drafted? None - Your concern. Abiguity can get expensive.

    Not sure there is a AS for paint on tiles. Who drafted that ? The Building Code of Australia may have been a relevant reference. AS refers to quality standards.

    Sellers agents arent lawyers and arent a good reference issue for legal drafting of contracts. You were had.
     
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  5. DaveM

    DaveM Well-Known Member

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    What does the contract say? Wishy washy loose terms? You get a wishy washy loose job done with little recourse.
     
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  6. Paul@PAS

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

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    Twenty nine tubes of no more gaps to fill the roof holes ?

    Two AU standards I see...One for tile installs. Another for manufacture. The owner may not need to follow either.
     
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  7. Coastal

    Coastal Well-Known Member

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    The painting ain't going stop a leak if the other parts are poorly done. Painting is more for appearance.
     
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  8. Scaphella

    Scaphella Well-Known Member

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    I thought normal practice was just to agree on amount of $$$ and take it off the sale price of the house?
     
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  9. SydneyInvestor

    SydneyInvestor Well-Known Member

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    Sorry guys, i didn't get any email notification so I just saw the replies.
    During contract, I was not aware of the term itsellf so could not put in contract what all stages are required to be completed. Didnt get any advise from solictor as probably she was also not right person to enter these details.
    Anyways, I had a chat with a roof restorer and he said as it was not mentioned they are not bound to do that. So may be I would need to bear expense later on if required to be done. Overall experience has been bad, as they tried to leave everything in contract half -done. For eg, Full fence replacement. They just replaced worst part and repaired rest of the fence. But being interstate, its not easy to manage and handle the sellers agent. So, I have decided to take it as is and move on. Just some lessons learnt from this deal.... :)
    Thanks for your replies...
     
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  10. Tom Rivera

    Tom Rivera Property Manager Business Member

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    Scaphella is onto the winning point here- I think in these situations it's best to have your own quotes organised and use that to negotiate off the asking price. That way you can make sure the work is done to an adequate standard, which rarely happens if you ask the sellers to do it.

    Hopefully you still love the house!
     

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