Hi,
I'm hoping I can hear some legal opinions on my current issue, I've also contacted my conveyencer and waiting for a response back. Here is the current situation:
* Property was sold subject to finance and a property inspection (major structual defects)
The purchaser has finance and no major defects were found. However it was noted the ducted heating wasnt working. The property was advertised online saying it had central heating.
I was contacted by the real estate agent and asked if I would fix the heating unit to which I replied that I will have a new unit installed (I assume they forwarded that to the client). There was no change to the contract of sale stating a heating must work etc. just the email. I never received a copy of the building inspection report or anything just a note that the heater didnt work.
The property is now only a few weeks away from settlement so as I had an heating plumber come out to quote me on a replacement unit and to my surprise he said there is no gas pipe going to the heating unit and that is probably going to cost another $2k to fix. I suspect the copper piping has been stolen. I hadnt really budgeted an additional 2k ontop of the new heating unit.
I need to know where I legally stand, can the purchaser delay settlement because of this? Do I even need to repair the heater?
What I'd like to do is and I think is fair is that I don't get a brand new unit just repair the old unit which is much cheaper and then get the new copper pipe run. I just need to know where I legally stand incase he comes back and says "no you said a new unit not repaired old unit". Also the plumber advised he won't be able to start work for at least 4-5 weeks which is well past the settlement date. Awaiting your replies, let me know if you have any questions.
I'm hoping I can hear some legal opinions on my current issue, I've also contacted my conveyencer and waiting for a response back. Here is the current situation:
* Property was sold subject to finance and a property inspection (major structual defects)
The purchaser has finance and no major defects were found. However it was noted the ducted heating wasnt working. The property was advertised online saying it had central heating.
I was contacted by the real estate agent and asked if I would fix the heating unit to which I replied that I will have a new unit installed (I assume they forwarded that to the client). There was no change to the contract of sale stating a heating must work etc. just the email. I never received a copy of the building inspection report or anything just a note that the heater didnt work.
The property is now only a few weeks away from settlement so as I had an heating plumber come out to quote me on a replacement unit and to my surprise he said there is no gas pipe going to the heating unit and that is probably going to cost another $2k to fix. I suspect the copper piping has been stolen. I hadnt really budgeted an additional 2k ontop of the new heating unit.
I need to know where I legally stand, can the purchaser delay settlement because of this? Do I even need to repair the heater?
What I'd like to do is and I think is fair is that I don't get a brand new unit just repair the old unit which is much cheaper and then get the new copper pipe run. I just need to know where I legally stand incase he comes back and says "no you said a new unit not repaired old unit". Also the plumber advised he won't be able to start work for at least 4-5 weeks which is well past the settlement date. Awaiting your replies, let me know if you have any questions.
