We aren't getting what was explicitly included in the listing.

Good evening all.

We have bought an established home and are looking forward to settlement on 28 Sep.

When we were looking at the house, it had a beautiful big play equipment set in the back yard. It was specifically mentioned as being included in the listing for the house, with photos of the play equipment included in the listing. We thought it would be great for the kids.

When we got to see the sales contract, we noted that it doesn't mention inclusion of exclusion of the play set. We asked our solicitor to chase it up, but it kind of got lost in everything else going on. We weren't too worried because we relied on the fact it was specifically mentioned in the listing.

We went for a drive past the house today, and out of sheer coincidence, saw that the play equipment was being moved out, on to the back of someones house.

We've emailed our solicitor to see what we can do.

Do we have any recourse? I get that the answer is probably ”too bad if it's not in the contract” but if that's the case, shouldn't someone be accountable for the misleading advertising?

 

Tell your solicitor to tell the vendor's solicitor that you won't settle unless it's put back, or the contract price is reduced $10,000 (or whatever).
They might call your bluff, but I'd try it. Whether they're legally obligated, given it's not in the contract, I don't know, but others might.
Ask your solicitor about the legal situation as well, that's what you're paying them for.

 

It's your responsibility to check the contract before you sign, that's why your solicitor gives you a copy. It's possible the play equipment was for sale, BUT as a separate entity and was not included in the price of the property. Does the ad contain the word 'included'?

 

The contract you signed doesn't include it, that's pretty much the bottom line. You could try to bluff them.

 

If it is in the advertising copy I would of thought that you could have a case for false/misleading advertising?

 

Probably true, but if it can be shown that it gets moved from backyard to backyard to make the sale, then you might easily be able to argue that it's intentionally misleading and might actually constitute a criminal offence, not a civil one.

But again, I'm not a lawyer, but since Paul is paying for one already, it would be good to put the question to them.

 

What was your solicitors advice prior to signing to include the CHATTELS ? Pictures and assumptions are.not part of a contract

 

Certainly not. Crimes Act? Meh

 

The contract will probably have a clause that states you have not relied upon anything external to the contract.

But it could have been false advertising or a false misrepresentation under Aust Consumer law.
Might be worth the cost of getting your lawyer t sent them a letter stating this. But you would be risky a lot of money to litigate it.

 

If it was one of those elcheapo steel sets held down by a couple of tent pegs then no, forget it.
Should it have been a large timber one with posts into the ground like stumps then yes, I'd actually consider it to be a fixture.
What makes this item any different to a timber garden shed or even a house on stumps, both can be moved, but if listed as "a 3br house" you would be blown away to turn up on settlement day to see an empty block .........

 

If the property had a fireplace it would have been funny to cut it up, leave it as firewood and let them slowly burn it. A joke with a real long punchline

 

especially if it was made out of coppers logs...

 

This is my thinking also. If it's a super dooper, wiz bang setup, that's cemented into the ground, then I'd consider it a fixture.

 

Good example Paul
If there's a nice big pile of firewood at inspection in Summer, but a bare patch of ground 6 weeks later at settlement ...........
What would you think/do ?
(PS, I sold it all to my neighbor for 24 COLD beer's ).
OP, hope you have screen shots of the listing (pls post a link)

 

Reminds me of my mate who bought a farm. They vendor wanted to sell him some (large) furniture but wanted him to pay full new retail prices. So they didnt bother to progress it. Then came settlement and the guy had left it all behind. He contacted his solictor who withheld $$$ as a retention (for about same as the vendor had been asking) as sufficient to cover removal to a tip. The guy didnt bother to remove the furniture. So my mate not only got it for free, but the vendor paid him to take it at almost full retail !!

 

Seen so many weird things (fixtures) not included listed in contract such as light fittings (reason was sentimental value!!) plants etc

Whenever I have bought or sold there are often large items left behind. Can be annoying or serendipitous...

Last time I sold we left play equipment and trampoline - but buyer threatened to cancel settlement if trampoline not removed... so we had to pay the agents brother to remove it!!! He then charged us 400 for 30 min work
...when we could have simply left it for council pickup. Ridiculous behaviour

Buyers also were demolishing house but also insisted we remove a massive antique wardrobe no one would move . I ignored them.