constantly being put behind!!!!!!!!!!!!

[abo84]

My DH and I just brought our first home, finance is all approved, sitting in the bank!:yelclap:

Settlement has so far been put back almost a month.
1st- the current owners lawyers "forgot" about posting our paperwork back, that put us behind a week.

2nd- we had to get the people who we are getting home and contents insurance through to post our solicitors a cert of currency that said a specific thing on it.
They had to send 5 as they wrote anything and everything, except what they were suppose to.

3rd- DH and I asked the realestate if we can go to the house to measure for a new lounge we want, there were tenants in the house, but they moved out 1month ago.
We found a massive stack of bricks in the garage, and 18storage boxes also full of stuff in the garage.

Asking the realestate about this he discovered that it was the current owners and they now have a week to move there things!!!!!!!!!!!!:mad: This putting us behind till friday again. we had to organise a settlement extension, but somehow the current owners want us to pay an extra amount of money, for extending the settlement??????????:banghead:

I wish I never mentioned the boxes and brick as now there is nothing I can do. DH is still arguing bout the extra money, cause as far as we can see we havent held anything up.

I dont feel we will ever get there. has anyone else had a settlement like this?
I just feel like:crying:

[rynosmum]

Hi There,

What state are you in ? (Location, not mentally:laughing: )

It is the responsibility of the vendor to leave the house in 'vacant possession', that is, it must be completely empty. The fact that the vendor left items in the home should not impact upon your settlement at all. In fact, under QLD law, the vendor must remove the items prior to settlement and if they don't, the items then become yours at settlement to dispose of in any way you wish.

If your settlement has extended out, it could only be by agreement between your solicitor and theirs. And yours should never provide agreement until they have spoken to you.

Does any of this make sense ?

[abo84]

Well when my solicitors rang me (in Brisbane QLD) I was :mad: that they told me this, but the owners live out of state, and forgot it was there, I should have never opened my mouth about it.

I said I suppose I can wait 1 or 2days, I didnt really have the heart to say no.

But about us paying them more money, forget it, I wont even put $1 in the pokies as I know Ill never see it again, Im terrible with money, so solicitors are fixing that, I dont believe they had any right to say we will pay more cause of there stuff up.

[rynosmum]

Very true.

In fact, if you refer to Clause 5.6 (Reservations) of the REIQ contract, point 4 - "The Seller indemnifies the Buyer against any damages and expenses resulting from the Buyer's actions under clauses 5.6(2) and 5.6(3)."
5.6(3) is the clause that gives you the right to complete the contract under the set timeframe and to take possession and dispose of the goods.

You can, in fact, dispose of the goods and then bill them for the expenses. There is no way that you should be getting charged any extra for the delay.

This is a standard clause in the contract, I'd be waving it under your solicitor's nose.:rolleyes:

I hope all goes well and you get into your new home very very soon !:smiliedance:

[abo84]

Thanks for the info I will look it up.:)