feeling helpless at the moment concerning a property that we are meant to purchase.
In May 2020, we entered into a lease contract with the agreement to purchase the property. In August 2020, we finalised the sale through an offer and acceptance contract that allowed 24 months for purchase.
The agent promised to address the maintenance issues that were identified then. Yet despite multiple reminders over the next two years, the agent failed to address these issues as promised, causing us to be unable to complete the property valuation for financing. We paid a $2,000 deposit and a $3,500 monthly payment. 90% of these were payments towards the purchase price of the property.
Up until June 2022, we continued to remind the agent about the unresolved maintenance issues and unpaid water bills. The agent continued to make empty promises, sent us notifications of booked contractors who never showed up, and would sometimes manipulate the situation by making subtle threats or making misleading statements multiple different times, debt collectors pursued the owners for the unpaid water bills due to her actions. She portrayed to the owners that it was our doing.
My partner sustained injuries at work and continued to suffer from severe medical issues. In June 2022 (2 months before the expiration of the sales contract), We called a meeting with the owners and the agent and discussed the situation. the agent and owners agreed to extend the time to allow us to complete the legal process for my partner’s injuries. They stated they would extend for 6 months initially, and if we required further extensions, they would do 3 monthly extensions, but if that were needed, we would need to pay more amounts towards the purchase each month. We told and told them we would clear the entire bill for the water account (inclusive of the owner’s service charge amounts and forgetting the amounts already paid by us), which was $500, and that we would start paying an extra $200 monthly straight away, and from that extra money, the agent can pay the water usage bills when she gets them (the bill should have been approx. $60 every two months) and the rent to be added to the purchase of the property.
The agent and owner agreed and stated they would send a contractor to fix the maintenance issues raised.
They made this agreement to get a contractor in to do it, knowing that we cannot get the valuation done without completing these things. The valuation needs to be done for the lender to provide finance.
From the time we signed the contract, we had been making major improvements to add value to the property. The three-story house was completely carpeted (bathrooms and all), with very old and worn carpet. We spent thousands getting it removed and having hardwood flooring installed, new woollen carpet in the bedrooms, and tiling the bathrooms and kitchen. The interior walls of the house were an off-peach colour with peeling and worn paint, and the ceilings were yellow-stained from what we assumed was cigarette smoke. We painted the entire house (walls, ceilings, skirting, doors, and frames). again, costing thousands.
Before my partner's injuries, he had completed other repairs that were meant to be done by the owners but could not continue after he became incapacitated.
The agent and owner knew that we depended on their agreement for the repairs and would be unable to complete the purchase otherwise. After the extension agreement was made, I continued to make improvements to the property that was within my capacity and based on the promises they had made.
The agent emailed us in November 2022, stating that the owners had instructed them to give us the notice to vacate the property and that there was no room for discussion or negotiation with them. They gave us three months' notice to vacate, with the vacate date set for 28 February 2023. The agent also stated that we needed to continue paying $3,500 a month until that date and that a final bond inspection would be conducted after we vacate the property.
I reached out to the owners in December who said that they would give us a second opportunity to purchase the property if we could settle in full by 14 February and that they would not be completing the repairs until after we vacate, ready to put back on the market… as well as trying to arrange to get the repairs done, I have still been trying to get the finance, but the agent then provided me with a new contract of sale instead of an extension, which has unagreeable terms, and is refusing to give me a receipt (that I need for the financer) for the money we paid into the purchase. They knew that the time limit would be impossible with also being over xmas and new year. they know my partner is still suffering severely and pending spinal surgery so he can't do anything at the moment. and im in uni full time and have 2 young kids...
It may be relevant that the market value and property demand in this area have increased, and before our initial agreement in 2020, they had been trying to sell since 2017 but couldn’t, likely due to the state of the property before our improvements.
i feel that we were led into a false sense of security by the agreements they made in June, so we would let the original contract expire thinking everything was still going ahead.
The issue with the seller's agent started around the same time the property value went up in our area. we have so many emails and messages that show her playing manipulative games and giving misleading information.
update – received an email today (10/02/2023) from the seller’s agent that states:
“I am in receipt of correspondence sent today from the owner’s broker that unfortunately, you have been unable to get finance to purchase the property I have spoken with the owners today, and I am writing to advise that the Notice to Vacate is still current and you need to be out of there as per the Notice by the end of February 2023. I will send you a final bond checklist as to how the property is to be left, and we will need to arrange the handover of keys. We have buyers interested in the property, whom I am organising to bring over during the week commencing 6th March.”
We have not given any permission or personal details to the seller’s broker, so I’m not sure how he could know any information about us or our finances. We have not been declined finance... only unable to progress our application due to the agent’s refusal to provide the documents, the unagreeable contract she has made, and the valuation of the property being delayed as explained above
In May 2020, we entered into a lease contract with the agreement to purchase the property. In August 2020, we finalised the sale through an offer and acceptance contract that allowed 24 months for purchase.
The agent promised to address the maintenance issues that were identified then. Yet despite multiple reminders over the next two years, the agent failed to address these issues as promised, causing us to be unable to complete the property valuation for financing. We paid a $2,000 deposit and a $3,500 monthly payment. 90% of these were payments towards the purchase price of the property.
Up until June 2022, we continued to remind the agent about the unresolved maintenance issues and unpaid water bills. The agent continued to make empty promises, sent us notifications of booked contractors who never showed up, and would sometimes manipulate the situation by making subtle threats or making misleading statements multiple different times, debt collectors pursued the owners for the unpaid water bills due to her actions. She portrayed to the owners that it was our doing.
My partner sustained injuries at work and continued to suffer from severe medical issues. In June 2022 (2 months before the expiration of the sales contract), We called a meeting with the owners and the agent and discussed the situation. the agent and owners agreed to extend the time to allow us to complete the legal process for my partner’s injuries. They stated they would extend for 6 months initially, and if we required further extensions, they would do 3 monthly extensions, but if that were needed, we would need to pay more amounts towards the purchase each month. We told and told them we would clear the entire bill for the water account (inclusive of the owner’s service charge amounts and forgetting the amounts already paid by us), which was $500, and that we would start paying an extra $200 monthly straight away, and from that extra money, the agent can pay the water usage bills when she gets them (the bill should have been approx. $60 every two months) and the rent to be added to the purchase of the property.
The agent and owner agreed and stated they would send a contractor to fix the maintenance issues raised.
- the gutters (3-storey house),
- second-story high plastic sheeting missing, leaving a huge hole in the house,
- Crack or split down the middle of the back wall,
- Re-cementing of the outside rock walls (unsafe/rock falling),
- plumbing repairs under the front veranda,
- an indoor fireplace on the top floor (leaking at the ceiling when it rains),
- electrical wiring problems causing lighting and shorting out issues,
- rotten outdoor stairs,
- water connexion under the kitchen sink,
- the rotten and unsafe wooden balustrades on the 3-story high balcony, just breaking off
- Aircons repaired (agent said this was done before we moved in)
They made this agreement to get a contractor in to do it, knowing that we cannot get the valuation done without completing these things. The valuation needs to be done for the lender to provide finance.
From the time we signed the contract, we had been making major improvements to add value to the property. The three-story house was completely carpeted (bathrooms and all), with very old and worn carpet. We spent thousands getting it removed and having hardwood flooring installed, new woollen carpet in the bedrooms, and tiling the bathrooms and kitchen. The interior walls of the house were an off-peach colour with peeling and worn paint, and the ceilings were yellow-stained from what we assumed was cigarette smoke. We painted the entire house (walls, ceilings, skirting, doors, and frames). again, costing thousands.
Before my partner's injuries, he had completed other repairs that were meant to be done by the owners but could not continue after he became incapacitated.
The agent and owner knew that we depended on their agreement for the repairs and would be unable to complete the purchase otherwise. After the extension agreement was made, I continued to make improvements to the property that was within my capacity and based on the promises they had made.
The agent emailed us in November 2022, stating that the owners had instructed them to give us the notice to vacate the property and that there was no room for discussion or negotiation with them. They gave us three months' notice to vacate, with the vacate date set for 28 February 2023. The agent also stated that we needed to continue paying $3,500 a month until that date and that a final bond inspection would be conducted after we vacate the property.
I reached out to the owners in December who said that they would give us a second opportunity to purchase the property if we could settle in full by 14 February and that they would not be completing the repairs until after we vacate, ready to put back on the market… as well as trying to arrange to get the repairs done, I have still been trying to get the finance, but the agent then provided me with a new contract of sale instead of an extension, which has unagreeable terms, and is refusing to give me a receipt (that I need for the financer) for the money we paid into the purchase. They knew that the time limit would be impossible with also being over xmas and new year. they know my partner is still suffering severely and pending spinal surgery so he can't do anything at the moment. and im in uni full time and have 2 young kids...
It may be relevant that the market value and property demand in this area have increased, and before our initial agreement in 2020, they had been trying to sell since 2017 but couldn’t, likely due to the state of the property before our improvements.
i feel that we were led into a false sense of security by the agreements they made in June, so we would let the original contract expire thinking everything was still going ahead.
The issue with the seller's agent started around the same time the property value went up in our area. we have so many emails and messages that show her playing manipulative games and giving misleading information.
update – received an email today (10/02/2023) from the seller’s agent that states:
“I am in receipt of correspondence sent today from the owner’s broker that unfortunately, you have been unable to get finance to purchase the property I have spoken with the owners today, and I am writing to advise that the Notice to Vacate is still current and you need to be out of there as per the Notice by the end of February 2023. I will send you a final bond checklist as to how the property is to be left, and we will need to arrange the handover of keys. We have buyers interested in the property, whom I am organising to bring over during the week commencing 6th March.”
We have not given any permission or personal details to the seller’s broker, so I’m not sure how he could know any information about us or our finances. We have not been declined finance... only unable to progress our application due to the agent’s refusal to provide the documents, the unagreeable contract she has made, and the valuation of the property being delayed as explained above
