VIC Property Law - Bought Property at an Auction?

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Rishi J

Well-Known Member
29 November 2017
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Update:

I have got a final inspection for Wednesday 5PM, however, they have not accepted reduction of 1k
 

Rishi J

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

I have done the final inspection yesterday evening.

I have advised my solicitor/conveyancer to withold 5k and release after settlement on the grounds :
1. there was piles of rubbish in backyard
2. 1k price difference issue not resolved.
3. House very dirty and carpets not cleaned etc


The conversation with vendor went well - they were disappointed that I did not release 10% and missed out on a home they bought because of me not releasing deposit. I explained I had no other choice and it was agents fault
 

Rod

Lawyer
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27 May 2014
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Thanks for the update.

I have advised my solicitor/conveyancer

Do you have a lawyer or a conveyancer? These terms are not synonymous. If you only have a conveyancer you are playing with fire by withholding some monies. You need legal advice.

For instance, an aggravated vendor might well say on settlement day, breach of contract by purchaser, we're not proceeding with the sale and we'll claim the deposit money and relist the property. If there's a shortfall we'll sue the purchaser, if there's an increase in price we'll pocket more money.

Under the above scenario you'll lose your deposit.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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I may be speaking out of turn here, because I don't do Victorian property law. However, generally speaking, you can't withhold settlement monies because the property is 'dirty'. Look in your contract, is there anything that requires the property to be handed over in a particular state of cleanliness?
 

Rishi J

Well-Known Member
29 November 2017
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121
Thanks for the update.



Do you have a lawyer or a conveyancer? These terms are not synonymous.

Under the above scenario you'll lose your deposit.

Thanks. I have a lawyer. The lawyer said legally I can withold upto 5K as my contract says the property must be delivered in same condition as bought at auction (except for fair wear and tear).

However, he suggested I dont withold as a gesture of goodwill. If I witheld they might not do any thorough cleaning that they have promised.

So I am planning on letting go off the witholding money.

The vendor called me today and said they are attending to cleaning today.
 

Rishi J

Well-Known Member
29 November 2017
20
0
121
I may be speaking out of turn here, because I don't do Victorian property law. However, generally speaking, you can't withhold settlement monies because the property is 'dirty'. Look in your contract, is there anything that requires the property to be handed over in a particular state of cleanliness?

I did not check for it. I have now moved in and the proeprty was very clean - maybe professionally cleaned