(VIC) Whose responsibility?

Hello experts

I have a very interesting situation here. Timeline as below:

Inspected a property on the 26th June 2020.

Made an offer after inspection.

Signed COS on 1 July 2020.

Few days ago, was advised by the real estate agent that the tenant has raised an issue with the toilet flush button not working properly before 26th June 2020. The vendor is reluctant to fix it due to the plumber confirming that its faulty due to misuse.

Was told that as I inspected the property on 26th June 2020, it was my due diligence to make sure that everything was working well at that time.

So my question is, can i request adjustment to settlement price or pull out of contract as it seems likely that i will be inheriting the maintenance request from the previous landlord.

(Am definitely not thinking of pulling out of the contract due to this matter but am just curious to know what are my rights are).

Thoughts?

 

If youd known about it, would you have made a lower offer?

 

Haha nothing to do with that thread mate but i will have a read!

 

probably not. just didn't like that was not pick up. Again probably my fault to overlook it.

 

but only if it happens after inspection of the property and contract signing right?

can adjustments be requested when those "defects" were already there before my inspection and contract sign date?

 

guess i have to just cop it and hold my chin up and just settle with a faulty toilet button!!

 

Your responsibility

 

If this is the level of drama over a toilet button, really hope you never have to deal with tenants absconding and busted walls and damp.

You buy right and the leveraged increase in value will make this seem like a drop in the bucket.

 

oh dear. is that even possible?!

 

Caveat Emptor. Latin
The legal concept of the buyer should be aware. You liked it, you bought it. Contract law has this as a foundation. That you willingly learned all you could and then freely contracted. If you find valuable gems in the creek its yours. If you find termites in the walls they are also yours. If you rip up the carpet and find a treasuer map its yours. If you find human remains or historical or significant artifacts they are your problem too. Is the sewer partially blocked ? You may learn more later too.

To pull out of a contact over a $50 cistern ? Really ? What did your solicitor advise ?

 

Solicitor advised nothing can be done.

And no, in my original post, i mentioned i have no intention to pull out but only want to know what rights are available.

 

Since you would have offered the same even if you knew about it, you want an adjustment because you missed it?

 

And i am sure that was reflected in the price hopefully?

 

like i said in the original post, just want to know what are my options that is all.

isn't this a forum to learn about these things?