QLD Conveyancing and Property Law Queries

[Wayne01]

Hope someone can help me here:

I am doing my own conveyancing, as I have done in the past, but only for selling.

I am the Seller of a property and received notice from the buyers solicitor that the buyer is satisfied with the building and pest. So I assume the contract is now unconditional, as I have noted on previous contracts. I have been down this track before with no problems.

The situation is: The buyers are now wanting us to purchase a new air conditioner as the old one that is in the house is not working. We are aware that the air con was working the last time we stayed in the house. Apparently the air con keeps turning off.

We haven't got to settlement date as yet as it is on 4th January 2016.

My main question is:

1. Can the buyers insist we replace the air con, even though they are satisfied with building and pest?

2. Can the buyers / solicitors defer settlement under Property Law?

3. Can the buyers/solicitors pull out of the contract?

4. If any of the above, are we up for extra costs etc.

Regards

 

[Rod]

If the sale contract mentions air con, or it was advertised with air con, then you will need to pay.

 

[Wayne01]

Thank you for your reply!

Ok, that's fine. We have no problem with paying for a new air con. It was, however, to our knowledge working, and they have a building and pest inspection that they are satisfied with.

So, how would we expect the solicitor to word this, or notify us of this request?

As the Solicitors are not returning to work until the 4th January and settlement is on the 4th January at 3pm, do we wait to get quotes and do we just agree in writing to deliver?

I must note that the buyers have already supplied a quote for a new system, and I have found the same system $500 cheaper. If we are supplying a new system are they then obliged to take our quote as it is lower.

 

[Rod]

It is yours to supply. You're selling the house with aircon.

 

[Wayne01]

Thank you!

 

[JS79]

You would only have to repair or replace the system to the same as before. Make sure you take pictures to show its the same one.

 

[Wayne01]

We don't know the model other than it's a Carrier Air Conditioner. We have owned the house for 2 years and were hardly living in it.

The Buyers are in before settlement ( Renting).

I still don't understand how I am now responsible for replacing the unit, because the buyers solicitor have sent me an email stating:
Verbatim

We refer to the above matter.


We have been instructed to advise the Buyer is satisfied with the following conditions to the Contract:


1. Finance

2. Building and Pest



Yours faithfully


So, what's the use of having contracts subject to building and pest if you can just ignore that clause?

 

[Rod]

The conditional clauses you mentioned are just to say the buyers need to have finance arranged, and will be happy with the building and pest report. The building and pest report doesn't exclude your responsibility for providing a working aircon unit where you have a contract that either explicitly states you are selling the house/land with aircon, or you have mentioned aircon in your advertising. It is implied the aircon is working. The building report is to ensure the building is free of structural problems and is safe and doesn't negate your responsibility to provide working chattels/fittings that are in the contract/advertising.

 

[Wayne01]

Thanks Rod for your clarification on this matter.

Like I have said in my previous posts, I have no problem in supplying a new system, but I didn't understand the reason for a building and pest if it can be ignored. I now realise it has nothing to do with the chattels/fittings etc. Only Building Structure.

This, if anything, has taught me what to be aware of for future transactions, buying/selling.