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

Discussion in 'Legal Issues' started by Paul R, 13th Sep, 2020.

Join Australia's most dynamic and respected property investment community
  1. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,130
    Location:
    03 9877 3000
    I've got to wonder if going all legal on this problem is really worthwhile. What's the cost of perusing it, what's the chance of success, what's the item actually worth?

    A better solution might be to approach the vendor and politely enquire about it. "Mate, I thought the play equipment is included, my kids were really looking forward to using it, can we come pick it up?"

    It might turn out that they simply agree.
     
    Pingu1988 and Firefly99 like this.
  2. TMNT

    TMNT Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    5,572
    Location:
    Melbourne
    My last property came with a family of rats, they weren't removed :D
     
    Paul@PAS likes this.
  3. The Y-man

    The Y-man Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,436
    Location:
    Melbourne
    Bonus freebie. Unwanted furniture, rubbish is also often included for free!

    The Y-man
     
    TMNT likes this.
  4. Paul@PAS

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

    Joined:
    18th Jun, 2015
    Posts:
    23,319
    Location:
    Sydney
    Beats termites I guess ~ ACA ran another pest & building inspection gone tale wrong last nigt
     
    The Y-man and TMNT like this.
  5. balwoges

    balwoges Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    1,700
    Location:
    Lake Macquarie
    I would like to see the ad for the house ... anyone?
     
  6. Paul@PAS

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

    Joined:
    18th Jun, 2015
    Posts:
    23,319
    Location:
    Sydney
    Wont really matter what the ad says. A half decent contract will exclude all representations by a vendor or agent etc. Clauses often refer to The concept is that prior to making of making the contract all that governs the sale is known so each party freely contracts...which is why legal advice is wise. There may be actions under consumer law etc of course. Some state laws impacts what vendors MUST pass on and some are silent matters. Last night on ACA it was noted a vendor in QLD seemingly says he didnt know his former property had termites. QLD law only requires a owner who has prior knowledge to disclose it prior to making any contract. Yet evidence of two inspections made by another buyer and given to the vendor through the agent indicated termite damage was already known. Seems to have been caught red handed.

    NSW : standard real property contract :

    XX. ENTIRE AGREEMENT This contract contains or refers to the whole of the parties’ agreement in relation to the sale and the purchase of the property. Except where required by law no further representations, warranties or undertakings are deemed to be implied in this contract or to arise between the parties by way of collateral or other agreement, or by reason of any representation, warranty or undertaking given or made by any party to the other on or before the making of this contract.

    Good old movie on this - 1988 Richard Prior's, Moving House.
     
    ff3, Hamish Blair and Terry_w like this.
  7. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,667
    Location:
    Australia wide
    I always remembered that movie as it happening to Chevi Chase. A false memory..
     
  8. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,377
    Location:
    Qld
    Could be that the seller noticed that the play equipment was not listed on the contract so legally removed it.

    Sold a unit once, noticed that the dryer was not listed on the contract, so we brought it home (and are still using it).
     
  9. Hamish Blair

    Hamish Blair Well-Known Member

    Joined:
    29th Sep, 2015
    Posts:
    489
    Location:
    Melbourne
    Perhaps you are thinking of Funny Farm? Or Tom Hanks and Shelly Long in The Money Pit?
     
    ff3 and Pingu1988 like this.
  10. Hamish Blair

    Hamish Blair Well-Known Member

    Joined:
    29th Sep, 2015
    Posts:
    489
    Location:
    Melbourne
    We had same issue - was told sale would fall over if we didn’t put the dryer back!
    I think we have since replaced the replacement dryer! With an Asko evaporative one this time.
     
  11. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,377
    Location:
    Qld
    We did check first that the RE agent had not told the buyer it was included.
    He said he did not mention it because he was not sure it was working.
     
  12. Paul@PAS

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

    Joined:
    18th Jun, 2015
    Posts:
    23,319
    Location:
    Sydney
    Many buyers incorrectly assume things are included when they are not eg fridge, dishwasher as they see the place furnished or even staged. Its important anything that is to be included is listed as items. I recall being asked to specify things like curtains, split system etc. We also ensured that the solar HWS was listed as non-operative, needs pump to avoid dispute. And that was on the original contract so they wouldnt later try to include a repair cost. Removes all doubt when a buyer can see a list and identify what is and isnt included to avoid dispute later over something so trivial. Some buyers and sellers can be so picky. Best not to make it an argument at the final negotiation.
     
    Rugrat and wylie like this.