Peety Posted October 26, 2019 Share Posted October 26, 2019 Hi ive recently sold my house. I completed the REIV checklist in advance stating what I was taking eg. oven ( as was broken) dishwasher and a few other things. However, it wasn’t until the new owners moved in when quite understandably they were upset as these items were missing. The agent failed to give the REIV checklist to my conveyor and theirs. I’ve had letters from their solicitor to say that I must now pay for these items as they were part of the sale. The realestate agents have been utterly useless and have left me “ high and dry”. I guess I have no option to pay then sue the agent for not doing their job. They’ve had their $35k commission and I feel abandoned by them. Any thought from people who know about this stuff? thanks Quote Link to comment Share on other sites More sharing options...
ali Posted October 26, 2019 Share Posted October 26, 2019 I would speak to a lawyer as it's likely you'll need expert advice. Quote Link to comment Share on other sites More sharing options...
Peety Posted October 26, 2019 Author Share Posted October 26, 2019 1 minute ago, ali said: I would speak to a lawyer as it's likely you'll need expert advice. Yep. My lawyer says I need to pay. I was just asking if anyone else has had experience with this. That’s all. Quote Link to comment Share on other sites More sharing options...
ali Posted October 26, 2019 Share Posted October 26, 2019 1 minute ago, Peety said: Yep. My lawyer says I need to pay. I was just asking if anyone else has had experience with this. That’s all. Yes, I understand that, but we're amateurs and it's likely you may get conflicting advice Quote Link to comment Share on other sites More sharing options...
Peety Posted October 26, 2019 Author Share Posted October 26, 2019 19 minutes ago, ali said: Yes, I understand that, but we're amateurs and it's likely you may get conflicting advice I know Cal! Most people will have an opinion. I am simply asking if this has happened to anyone else? That’s all. Quote Link to comment Share on other sites More sharing options...
Peety Posted October 26, 2019 Author Share Posted October 26, 2019 20 minutes ago, ali said: Yes, I understand that, but we're amateurs and it's likely you may get conflicting advice I know you don’t know anything about it, with respect , and don’t expect answers from everyone, just those who might know something. Very simple really. Quote Link to comment Share on other sites More sharing options...
Toots Posted October 26, 2019 Share Posted October 26, 2019 30 minutes ago, Peety said: Yep. My lawyer says I need to pay. I was just asking if anyone else has had experience with this. That’s all. I'm sorry to hear your estate agent was useless. That doesn't really surprise me. What did your lawyer say about suing the agent? It is very unusual to remove a stove or dishwasher when you are selling I have to say and the agent should have queried that. Too late now though. Quote Link to comment Share on other sites More sharing options...
ali Posted October 26, 2019 Share Posted October 26, 2019 10 minutes ago, Peety said: I know you don’t know anything about it, with respect , and don’t expect answers from everyone, just those who might know something. Very simple really. My apologies - your title asked for advice - I thought that's what you were looking for. Quote Link to comment Share on other sites More sharing options...
Peety Posted October 26, 2019 Author Share Posted October 26, 2019 5 minutes ago, ali said: My apologies - your title asked for advice - I thought that's what you were looking for. YES it was Cal from people with experience or knowledge Quote Link to comment Share on other sites More sharing options...
Peety Posted October 27, 2019 Author Share Posted October 27, 2019 10 minutes ago, Toots said: I'm sorry to hear your estate agent was useless. That doesn't really surprise me. What did your lawyer say about suing the agent? It is very unusual to remove a stove or dishwasher when you are selling I have to say and the agent should have queried that. Too late now though. The lawyer has said nothing about suing the agent but I definitely will. The oven was not working and this was stated right at the beginning of the sale. The stove wasn’t removed just the oven. The dishwasher I don’t think was a problem as we needed one for our new house, all this was upfront and above board. We never tried to hide anything. But obviously now it’s a problem. Thanks for taking an interest Quote Link to comment Share on other sites More sharing options...
newjez Posted October 27, 2019 Share Posted October 27, 2019 2 hours ago, Peety said: Hi ive recently sold my house. I completed the REIV checklist in advance stating what I was taking eg. oven ( as was broken) dishwasher and a few other things. However, it wasn’t until the new owners moved in when quite understandably they were upset as these items were missing. The agent failed to give the REIV checklist to my conveyor and theirs. I’ve had letters from their solicitor to say that I must now pay for these items as they were part of the sale. The realestate agents have been utterly useless and have left me “ high and dry”. I guess I have no option to pay then sue the agent for not doing their job. They’ve had their $35k commission and I feel abandoned by them. Any thought from people who know about this stuff? thanks I take it this was an Australian sale? The document listing what is staying etc is standard in the UK, and they wouldn't have missed it. I can't believe they didn't ask for it in Oz. How did they complete without it? Why didn't you leave the oven if it was broken? Was the dish washer integral or free standing? Quote Link to comment Share on other sites More sharing options...
Toots Posted October 27, 2019 Share Posted October 27, 2019 1 minute ago, newjez said: I take it this was an Australian sale? The document listing what is staying etc is standard in the UK, and they wouldn't have missed it. I can't believe they didn't ask for it in Oz. How did they complete without it? Why didn't you leave the oven if it was broken? Was the dish washer integral or free standing? I thought it was standard in Australia too. Quote Link to comment Share on other sites More sharing options...
Peety Posted October 27, 2019 Author Share Posted October 27, 2019 3 minutes ago, newjez said: I take it this was an Australian sale? The document listing what is staying etc is standard in the UK, and they wouldn't have missed it. I can't believe they didn't ask for it in Oz. How did they complete without it? Why didn't you leave the oven if it was broken? Was the dish washer integral or free standing? Yes it is standard in Australia but for some unknown reason was not given to the purchasing people. I didn’t want to leave a broken oven so thought I was doing them a favour by taking it out. The dishwasher is the same as the washing machine just needs to be unplumbed. If we had known we would have left it there but we were not told a thing by our agent. Quote Link to comment Share on other sites More sharing options...
Peety Posted October 27, 2019 Author Share Posted October 27, 2019 I 7 minutes ago, Toots said: I thought it was standard in Australia too. No no one asked for it apparently! Quote Link to comment Share on other sites More sharing options...
ali Posted October 27, 2019 Share Posted October 27, 2019 Here in WA we did a final inspection prior to completion - surely they would have noticed it missing then? Quote Link to comment Share on other sites More sharing options...
calNgary Posted October 27, 2019 Share Posted October 27, 2019 4 hours ago, Peety said: YES it was Cal from people with experience or knowledge I'm confused (yes i know not hard for me,lol) but why do you keep referring to Ali as Cal??? Cal x Quote Link to comment Share on other sites More sharing options...
newjez Posted October 27, 2019 Share Posted October 27, 2019 3 hours ago, Peety said: Yes it is standard in Australia but for some unknown reason was not given to the purchasing people. I didn’t want to leave a broken oven so thought I was doing them a favour by taking it out. The dishwasher is the same as the washing machine just needs to be unplumbed. If we had known we would have left it there but we were not told a thing by our agent. I would bluff it out. I would have thought they should be suing their solicitor/settlement agent. But I'm not an expert. Quote Link to comment Share on other sites More sharing options...
Toots Posted October 27, 2019 Share Posted October 27, 2019 I don't know which state you're in Peety but could you lodge a complaint with the Ombudsman? It seems your lawyer isn't much help and the estate agent is worse than useless. Quote Link to comment Share on other sites More sharing options...
Peety Posted October 27, 2019 Author Share Posted October 27, 2019 2 hours ago, calNgary said: I'm confused (yes i know not hard for me,lol) but why do you keep referring to Ali as Cal??? Cal x Eh?? Quote Link to comment Share on other sites More sharing options...
Peety Posted October 27, 2019 Author Share Posted October 27, 2019 53 minutes ago, Toots said: I don't know which state you're in Peety but could you lodge a complaint with the Ombudsman? It seems your lawyer isn't much help and the estate agent is worse than useless. Melbourne. Yep I’ll just sue the agent. Quote Link to comment Share on other sites More sharing options...
Peety Posted October 27, 2019 Author Share Posted October 27, 2019 54 minutes ago, Toots said: I don't know which state you're in Peety but could you lodge a complaint with the Ombudsman? It seems your lawyer isn't much help and the estate agent is worse than useless. Both utterly useless I agree Quote Link to comment Share on other sites More sharing options...
Peety Posted October 27, 2019 Author Share Posted October 27, 2019 3 hours ago, ali said: Here in WA we did a final inspection prior to completion - surely they would have noticed it missing then? They did a final inspection 4 days before we moved out. So not much good. We were still in the middle of moving out. Quote Link to comment Share on other sites More sharing options...
NickyNook Posted October 27, 2019 Share Posted October 27, 2019 You must have a really different system of selling property in Vic. We sold our house in NSW earlier this year. On the front page of the standard contract was a box listing all the inclusions/exclusions. Hard to miss thus very easy to check it was correct. Don't Victorian contracts have something similar? Quote Link to comment Share on other sites More sharing options...
Peety Posted October 27, 2019 Author Share Posted October 27, 2019 12 minutes ago, NickyNook said: You must have a really different system of selling property in Vic. We sold our house in NSW earlier this year. On the front page of the standard contract was a box listing all the inclusions/exclusions. Hard to miss thus very easy to check it was correct. Don't Victorian contracts have something similar? Yes Victoria definitely has the same thing,signed up by us but this part was not given to my solicitor or theirs. We’ve got a copy. Quote Link to comment Share on other sites More sharing options...
Skani Posted October 27, 2019 Share Posted October 27, 2019 14 hours ago, Peety said: Yes Victoria definitely has the same thing,signed up by us but this part was not given to my solicitor or theirs. We’ve got a copy. If this is the case then surely both solicitors were negligent in not asking "where is the inclusions/exclusions list page of the contract?" In which case you can make a complaint about service to the Victorian Legal Services Board and Commissioner...as well as a complaint about the real estate agent to Consumer Affairs Victoria. 1 Quote Link to comment Share on other sites More sharing options...
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