VIC Property Law - Bought Property at an Auction?

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Clancy

Well-Known Member
6 April 2016
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2,289
I don't think it would be economical to remove an oven
Thanks Luiza. I have explained everything to solicitor and thier conveyancer - I have told them several time the agent is not providing final inspection. Then they come and tell me "You get a final inspection from them" when I have asked them to do so.

What we have here, is a failure, to communicate!

Perhaps you need to spell it out to them.... agent denied final inspection.

Denied; definition; Verb;
a. To decline to grant or allow; refuse.
b. To give a refusal to; turn down or away.

Origin:

Middle English: from Old French deni-, stressed stem of deneier, from Latin denegare, from de- ‘formally’ + negare ‘say no’.

Synonyms; declined, disallowed, refused, rejected, withheld, forbid, prohibit, veto; rebuff, repel, spurn, constrain, curb, hold, keep, repress, restrain.

I hope the above is clear enough for your lawyer now?
 
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Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Not a matter of economics for ovens - most ovens are easy to remove. Typically in Australia ovens are considered fixtures, though there can be unusual circumstances where the rule may not apply.

Other countries have different rules and might be why the OP is concerned.
 

Rishi J

Well-Known Member
29 November 2017
20
0
121
I don't think it would be economical to remove an oven


What we have here, is a failure, to communicate!

Perhaps you need to spell it out to them.... agent denied, , final inspection.

Denied; definition; Verb;
a. To decline to grant or allow; refuse.
b. To give a refusal to; turn down or away.
Origin
Middle English: from Old French deni-, stressed stem of deneier, from Latin denegare, from de- ‘formally’ + negare ‘say no’.

Synonyms; declined, disallowed, refused, rejected, withheld, forbid, prohibit, veto; rebuff, repel, spurn, constrain, curb, hold, keep, repress, restrain.

I hope the above is clear enough for your lawyer now?
:) :) This is gold
 

Rishi J

Well-Known Member
29 November 2017
20
0
121
Thanks... but seriously, you need to do something like that to make it very difficult for your lawyer to fob you off once again.

Thanks. After reading your message I called the lawyer and gave him a very hard time - I told him I dont like the way he is talking to me and that I am paying him to do things for me and not tell me what to do blah blah blah...

He completely backed off and gave a good update - he has not confirmed in writing but he is expecting final inspection for Saturday the 9th !

Thanks heaps !!
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
Thanks. After reading your message I called the lawyer and gave him a very hard time - I told him I don't like the way he is talking to me and that I am paying him to do things for me and not tell me what to do blah blah blah...

He completely backed off and gave a good update - he has not confirmed in writing but he is expecting final inspection for Saturday the 9th !

Thanks heaps !!

That's good, be firm but polite also, and make sure you are on the same page as your lawyer, because if you and your lawyer have differing ideas to what is going on, then its going to be frustrating and you wont get the service you expect.
 

Rishi J

Well-Known Member
29 November 2017
20
0
121
That's good, be firm but polite also, and make sure you are on the same page as your lawyer, because if you and your lawyer have differing ideas to what is going on, then its going to be frustrating and you wont get the service you expect.

Thanks. Yes I understand :)
 

Rishi J

Well-Known Member
29 November 2017
20
0
121
That's good, be firm but polite also, and make sure you are on the same page as your lawyer, because if you and your lawyer have differing ideas to what is going on, then its going to be frustrating and you wont get the service you expect.

The settlement is on 11th. That is 7 days from now. I still havent received the final inspection date :(

My conveyancer said the vendor might give a final inspection on 9th Saturday. I think it maybe too late for witholding 5k (which is I am allowed to legally withold ?), as my inco-operative conveyancer wont help after friday for a monday settlement ?
 

Rishi J

Well-Known Member
29 November 2017
20
0
121
Update :


Just emailed my conveyance and waiting for the response. They are not attending my calls.

My email is follows :

Since we have chased the vendors and thier representatives several times, I do not believe I can settle on 11th. I havent heard back regarding the final inspection and I would like to delay the settlement or look at other options.

The 9th December inspection suggested by the vendors is good enough for me – I do not believe the time between 9th and 11th is enough to raise any issues that I find during final inspection. Please advise if this is not the case.

I would also like to understand thier stance for the change of price issue. I am not accepting the 649K and would like to understand thier stand for the same before I go for the settlement.

I also believe stuffing me around for final inspection is a breach of contract.

Please if you can advise when you have conveyed the message through.

If you have any concerns with this, please call me.

Thanks