Water leak found in Final Inspection before settlement date

Discussion in 'The Buying & Selling Process' started by Healthy Frog, 15th Jan, 2017.

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  1. Healthy Frog

    Healthy Frog Active Member

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    I bought one property in Melbourne Dec in Auction and settlement date is next week. I just found a water leak in final inspection before settlement date. Real estate agent said that this doesn't cause serious damage and no action is required from the vendor.

    Can I ask opinion from people who had similar experience? Thank you very much in advance!
     
  2. Joynz

    Joynz Well-Known Member

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    Please be more specific about the water leak.

    What is leaking, where, for how long and what is the damage if any?
     
  3. spludgey

    spludgey Well-Known Member

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    As long as you believe it's a new leak, ignore the REA!
    Tell your solicitor to tell the other solicitor that you will not settle unless the leak and all associated damage is fixed. Trust me, it will be fixed pretty quickly or you'll be able to get money off the contract price.
     
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  4. Healthy Frog

    Healthy Frog Active Member

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    Thanks for your quick responding Joynz. The water leak area is close to the door to the backyard. I don't know how long the leaking issue has been. 200ml water remains in the floor of the living room. No obvious damage found on the floor. I am not sure if there are other damages unless we get professional to check the roof and gutter.
     
  5. Healthy Frog

    Healthy Frog Active Member

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    Thanks a lot for your suggestion. Will do as you said. spludgey

     
  6. Joynz

    Joynz Well-Known Member

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    So a small (2 cups) puddle of water near the door?

    Was it after heavy rain?

    Might be as simple as driving rain and a worn door seal. But worth investigating.
     
  7. Healthy Frog

    Healthy Frog Active Member

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    Yes, about 1 cup of water near the back door to the yard. It seems to be a new leak. The water mark is pretty fresh. Besides. There is another area has some water mark which is already dried up.
     
  8. JacM

    JacM VIC Buyer's Agent - Melbourne, Geelong, Ballarat Business Member

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    The REA is foolish in making such comments as he/she is not qualified to have any idea.
     
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  9. Marg4000

    Marg4000 Well-Known Member

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    Speak to your solicitor who can advise your legal position.
    Marg
     
  10. Healthy Frog

    Healthy Frog Active Member

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    Real Estate Agent has verbally confirmed that she didn't see any leaking issue in the past. My solicitor contacted vendor's solicitor with regard to this issue. The responding from them is " Vendor has stated the property is in the same condition as the day of sale"

    My solicitor seems to be too soft to negotiate this with the vendor's solicitor. Settlement date is tomorrow. I've organized a roof man to inspect the roof and give me a quote.

    If you provide some ideas to convince vendor's solicitor , that would be much appreciated. Thanks!
     
  11. Scott No Mates

    Scott No Mates Well-Known Member

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  12. Healthy Frog

    Healthy Frog Active Member

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    Thanks a lot ! Marg. My solicitor doesn't seem to be sophisticated to start this kind of negotiation with vendor's solicitor. My solicitor told me that we need to take what the vendor said to tell it's the same condition or not.
     
  13. Marg4000

    Marg4000 Well-Known Member

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    Laws vary from state to state, so advice given on this site may not apply to your state. Your solicitor will know the laws of your state. "Sophistication" really does not come into it.

    You always have the option to seek a second legal opinion, but with settlement due tomorrow time will be a factor.
    Marg
     
  14. The Y-man

    The Y-man Moderator Staff Member

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    If there is anything wrong with the roof, my gut feel is that it's been there all this time, and you and/or your building inspector didn't notice it. The other explanation of course is that the recent storm damaged it, which may make it an insurance claim.

    If the damage is existing and the water marks etc were painted over, then you'll need to accept it was is, because that is the condition of the house as at the time of auction.

    Remember the vendor can just get the mop onto it, a hairdryer and a splash of paint. Good as new, and back to the condition as it was at time of auction.

    The Y-man
     
  15. spludgey

    spludgey Well-Known Member

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    Soft solicitors can be a real pain, so instruct them in writing not to settle unless this is taken care of.

    Also tell the REA that you've instructed your solicitor not to settle.

    If you do this, these issues will be fixed.