Settlement issues

Discussion in 'The Buying & Selling Process' started by dan2101, 4th Nov, 2015.

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  1. Ace in the Hole

    Ace in the Hole Well-Known Member

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    Question - What happens if they don't fix the roof and you don't want to settle as is.
    Is it possible they can cancel your sale and sell to someone else, maybe there has been interest in the property and they are trying to milk more money?
    Or, can the vendor be forced to settle without getting into any costly legal issues?
     
  2. dan2101

    dan2101 Well-Known Member

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    Thanks chilliblue.

    That's exactly what I was wondering ace. What happens if it's a stale mate? Don't really want the sale to fall through as I reckon it's still worth what I'm paying even with the roof issues.
     
  3. Azazel

    Azazel Well-Known Member

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    I've had similar, push a little, if they say no, just go ahead.
     
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  4. dan2101

    dan2101 Well-Known Member

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    So the verdict is:

    Settlement to proceed. If I get a roofer to have a look after settlement and he identifies the same issues as the original building inspection I can pursue the vendor for breach of contract with qld small claims for the amount it costs to rectify.

    What I've learned:

    - don't go for a cheap conveyancer as they have too many clients and take way too long to respond. I started asking for details of the repairs (or what was supposed to be repairs) 2 weeks ago. I only received details on Wednesday. This may have been the vendors solicitor stalling for time so I didn't have time to get my own quotes but who knows.
    - get quotes during the cooling off period so everything is set in concrete.

    It's a bit disappointing but I still feel like I've got the house a little under market value in a good suburb with an existing tenant. Fortunately the vendor is local so I can hand deliver the bill if all else fails!
     
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  5. Azazel

    Azazel Well-Known Member

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    As long as you're happy with it, that's the main thing. Having a tenant already is handy.
    I would still send around my own person to do a quote before settlement to make sure there wasn't a big surprise.